LYONS, Justice.
The judgment of the Court of Civil Appeals, Calhoun county Comm'n v. Hooks, 728 SO.2d 625 (Ala.Civ.App. 1997), is reversed and the cause is remanded for reconsideration in light of Ex parte Horn, 718 So.2d 694 (Ala. 1998).
REVERSED AND REMANDED.
HOOPER, C.J. and ALMON, SHORES, HOUSTON, and COOK, JJ., concur.
MADDOX and SEE, JJ., dissent.