MITCHELL v. FIDELITY & CAS. CO. OF N.Y.

86-61.

514 So.2d 1354 (1987)

Joseph Ronald MITCHELL v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK.

Supreme Court of Alabama.

October 2, 1987.


Attorney(s) appearing for the Case

Michael S. Harper of Hornsby & Schmitt, Tallahassee, for appellants.

R. Michael Raiford, Phenix City, and H. Baxter Harcourt, Columbus, Ga., for appellee.


ALMON, Justice.

This is an appeal from the dismissal of a complaint for declaratory judgment. The trial court held that Joseph R. Mitchell's claims against John Scarborough and his co-defendants were barred by res judicata.

Mitchell filed a complaint for declaratory judgment against John Scarborough, First National Bank of Columbus, The Fidelity and Casualty Company of New York, and fictitious defendants A, B, and C. Mitchell alleged that FNB of Columbus was...

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