Although I agree that the judgment in this case should be reversed on the authority of this Court's decision in Ex parteLaCoste, [Ms. 1970957, November 13, 1998] 733 So.2d 889 (Ala. 1998), I continue to adhere to my opinion that § 6-5-440, Ala. Code 1975, should not be applied beyond the limited circumstances discussed in my special writing in LaCoste, 733 So.2d at 895 (Lyons, J., concurring in the judgment and concurring in part in the rationale, but dissenting from dictum).