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EX PARTE HOLLAND

1951631.

692 So.2d 811 (1997)

Ex parte Mitchell HOLLAND and Tammy Holland. (In re Jacqueline ANDERSON v. AUTO MART OF THE SOUTHEAST, INC., et al. Mitchell HOLLAND and Tammy Holland v. AUTO MART OF THE SOUTHEAST, INC., et al. FIDELITY FINANCIAL SERVICES, INC., etc. v. Mitchell HOLLAND and Tammy Holland).

Supreme Court of Alabama.

March 28, 1997.

Attorney(s) appearing for the Case

George W. Finkbohner III of Finkbohner & Lawler, L.L.C., Mobile; and Robert G. Methvin, Jr., Birmingham, for Petitioners.

Steven L. Nicholas and Kenneth J. Riemer of Sirote & Permutt, P.C., Mobile; and A. Danner Frazer, Jr., and D. Brent Baker of Frazer, Greene, Upchurch & Baker, Mobile, for Fidelity Financial Services, Inc.

Michael Gillion of Gillion, Brooks & Hamby, P.C., Mobile, for Auto Mart of the Southeast, Inc.

Robert T. Cunningham, Jr., Toby D. Brown, Andrew T. Citrin, and Kelli D. Taylor of Cunningham, Bounds, Yance, Crowder & Brown, Mobile, for Jacqueline Anderson, as representative of the class (stating that" the Class does not have a position it chooses to assert before this Court").

HOUSTON, Justice.

Mitchell and Tammy Holland petition for a writ of mandamus directing Mobile Circuit Judges Braxton L. Kittrell, Jr., and Robert L. Byrd, Jr., to vacate their orders of June 12, 1996, and June 14, 1996, respectively. Those orders, together, had the effect of precluding the Hollands from opting out of a class action filed in the Mobile County Circuit Court by Jacqueline Anderson against Fidelity Financial...

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