ON REHEARING
BLOODWORTH, Justice.Appellant contends in application for rehearing that we were mistaken in our opinion when we alluded to Rule 15(b), A.R.C.P., because this case was tried in equity — not under the new rules. Therefore, it is argued there could be no “implied consent” by Rafield to try issues outside the pleadings and the case ought to be reversed because the judgment did not conform to the pleadings. Due to able counsel’s earnest insistence, we will answer this contention.
*241Although the trial judge did state at one point in the record: “I’m trying this case under the Equity Rules,” he did rule on the admissibility of evidence throughout the trial. Thus, Tit. 7, § 372(1) [the so-called “Lazy Lawyers Rule”] was not followed. Rudicell v. Rudicell, 262 Ala. 41, 77 So.2d 339 (1955). What did the trial judge mean by his assertion?
Rule 86, A.R.C.P., expressly provides that the new rules apply to all actions pending on the effective date of the act, July 3, 1973 — except when “in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.” We find no ruling of the trial court so holding and must therefore conclude that the rules did apply. At one point in the record, the trial judge commented in ruling adversely to appellant on his motion to realign, viz.;
“THE COURT: I think the realignment idea projected in the federal rules brought forth in our new rules of procedure makes it discretionary with the trial court and in the exercise of that discretion I overrule the motion.” [Emphasis supplied.]
Moreover, appellant’s own counsel invoked the aid of Rule 34, A.R.G.P. by filing several motions requesting the production of numerous documents, the aid of Rule 36, A.R.C.P., by filing a motion to shorten the time for answers to requests for admissions and the motion to realign the parties.
There being no merit, in our opinion, in this or the other contention argued on rehearing, the application is overruled.
Opinion extended.
Application for rehearing overruled.
All the Justices concur, except JONES, J., not sitting.