(Appeal from Montgomery Circuit Court) (On Application for Rehearing) (Application for Rehearing Granted; Opinion of January 14, 2011, Withdrawn; Opinion Substituted; Affirmed) (Murdock, J.; Parker, Main, and Wise, JJ., concur; Bryan, J., concurs in part and concurs in the result in part; Moore, C.J., concurs in the result; Stuart, Bolin, and Shaw, JJ., dissent).