EX PARTE SMITH

No. 87-891.

533 So.2d 533 (1988)

Ex parte Matthew B. SMITH. (In re Matthew B. SMITH v. KJ & R, INC.).

Supreme Court of Alabama.

Rehearing Denied September 16, 1988.


Attorney(s) appearing for the Case

J. Thomas Ryan, Jr., of Hamilton & Ryan, Huntsville, for petitioner.

William T. Musgrove, Jr., of Walker & Musgrove, Florence, for respondent.


SHORES, Justice.

Matthew B. Smith petitions the Court for a writ of mandamus to the Honorable Daniel B. Banks, Jr., Judge of the Madison Circuit Court, directing him to vacate his order of February 5, 1988, transferring a case from the Madison Circuit Court to the Lauderdale Circuit Court. The relevant facts are as follows:

On November 24, 1987, Smith filed a three-count complaint against KJ & R, Inc., in Madison Circuit Court. The complaint

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