I agree that this case can be affirmed. My reason for such affirmance is that no issue is raised as to the lack of compliance with Hammond.
I do not agree with the interpretation of State v.McCurdy Concrete, Inc., 507 So.2d 403 (Ala. 1986), as stated in the opinion. To me, McCurdy only applies to cases in the "pipeline" at the time of the decision inHammond.