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EX PARTE GENERAL MOTORS OF CANADA LTD.

1120629.

144 So.3d 236 (2013)

Ex parte GENERAL MOTORS OF CANADA LIMITED In re Gerardo Poole v. General Motors Corporation et al.

Supreme Court of Alabama.

Rehearing Denied November 22, 2013.

Attorney(s) appearing for the Case

M. Christian King and Nikaa Jordan of Lightfoot, Franklin & White LLC, Birmingham; and Franklin P. Brannen, Jr. , of King & Spalding LLP, Atlanta, GA; and Steven K. Winters of Thompson, Thompson & Winters, Butler, for petitioner.

Christopher D. Glover of Beasley Allen Crow Methvin Portis & Miles, P.C., Montgomery, for respondent.

SHAW, Justice.

General Motors of Canada Limited ("GM Canada") petitions this Court for a writ of mandamus directing the Choctaw Circuit Court to enter a summary judgment in its favor on the ground that the plaintiff's substitution of GM Canada for a fictitiously named defendant was made after the expiration of the applicable statute of limitations and does not relate back to the filing of the original petition. We grant the petition and issue the writ.

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