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EX PARTE OLIVE

Civ. 7243.

562 So.2d 527 (1990)

Ex parte David M. OLIVE. (Re FIRST ALABAMA BANK v. David M. OLIVE.)

Court of Civil Appeals of Alabama.

April 18, 1990.

Attorney(s) appearing for the Case

Gary D. Hooper of Thompson, Griffis & Hooper, Birmingham, for appellant.

C. Paul Davis of Sirote & Permutt, Birmingham, for appellee.

PETITION FOR WRIT OF MANDAMUS

RUSSELL, Judge.

This is a petition for a writ of mandamus.

On November 20, 1986, First Alabama Bank (respondent) filed an action against David Olive (petitioner) as a co-guarantor on a promissory note that had become delinquent. Subsequent to a pre-trial hearing, the case was set for trial by the circuit clerk for the week of April 11, 1988. However, neither the petitioner nor the respondent received notice of such action...

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