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EX PARTE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

85-1336.

507 So.2d 420 (1987)

Ex parte STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Perry Davis. (In re Charles CONNELL v. STATE FARM AUTOMOBILE INSURANCE COMPANY and Perry Davis).

Supreme Court of Alabama.

Rehearing Denied May 8, 1987.

Attorney(s) appearing for the Case

Michael B. Maddox and Karon O. Bowdre of Rives & Peterson, Birmingham, for petitioner State Farm Mut. Auto. Ins. Co.

W. Scears Barnes of Barnes & Radney, Alexander City, for petitioner.

John F. Dillon IV of Dillon, Kelley & Brown and Larry W. Morris of Radney & Morris, Alexander City, for respondent.

PER CURIAM.

The petition for writ of mandamus is denied.

WRIT DENIED.

MADDOX, JONES, ALMON, SHORES, BEATTY, ADAMS and STEAGALL, JJ., concur.

TORBERT, C.J., and HOUSTON, J., concur specially.

TORBERT, Chief Justice, concurring specially.

I write to state why I agree that the writ of mandamus is due to be denied. The basic issue is whether a pre-trial evidentiary ruling made before the first trial and approved on appeal is binding...

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