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EX PARTE SAFEWAY INS. CO. OF ALABAMA

1951021.

679 So.2d 699 (1996)

Ex parte SAFEWAY INSURANCE COMPANY OF ALABAMA. (Re SAFEWAY INSURANCE COMPANY OF ALABAMA v. Tessa Lynn OWEN and Ohio Security Insurance Company).

Supreme Court of Alabama.

June 28, 1996.

Attorney(s) appearing for the Case

Tom E. Ellis of Kracke, Thompson & Ellis, Birmingham, for Petitioner.

No brief filed for Respondents.

KENNEDY, Justice.

WRIT DENIED. NO OPINION.

ALMON, SHORES, INGRAM, and BUTTS, JJ., concur.

HOOPER, C.J., and MADDOX and COOK, JJ., dissent.

MADDOX, Justice (dissenting).

Safeway Insurance Company of Alabama asks this Court to review a question that I believe is one of first impression: Can a party who obtains a default judgment against a defendant maintain a garnishment proceeding against an insurer, when there is a subsisting

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