EX PARTE DOWLING

84-947.

477 So.2d 400 (1985)

Ex parte Joseph DOWLING. (In re Joseph DOWLING v. James Celso PURVIS).

Supreme Court of Alabama.

October 4, 1985.


Attorney(s) appearing for the Case

William W. Watts of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for petitioner.

Thomas M. Haas and Christopher Knight of Haas, Byrd & Knight, Mobile, for respondent.


MADDOX, Justice.

This is a petition for a writ of mandamus to the Mobile Circuit Court in which petitioner requests that we order that court to vacate its grant of remittitur for the defendant/respondent James Purvis and reinstate its original judgment. We agree with plaintiff/petitioner Joseph Dowling that the court did not have authority to order the remittitur and, thus, we grant the writ.

Dowling originally sued Purvis for assault and battery, alleging...

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