EX PARTE AMERICAN BANKERS LIFE ASSUR. CO.

1950705.

715 So.2d 186 (1997)

Ex parte AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA. (In re Douglas WALTERS and Linda Walters v. MERCURY FINANCE CORPORATION and American Bankers Life Assurance Company of Florida).

Supreme Court of Alabama.

December 16, 1997.


Attorney(s) appearing for the Case

Michael L. Bell, John P. Dulin, Jr., and Wynn M. Shuford of Lightfoot, Franklin & White, L.L.C., Birmingham, for American Bankers Life Assurance Company of Florida.

Garve Ivey, Jr., Clatus Junkin, Charles E. Harrison, and Barry A. Ragsdale of King, Ivey & Junkin of Jasper, Fayette, and Birmingham, for Douglas Walters and Linda Walters.

Dennis R. Bailey of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Mercury Finance Corporation of Alabama, Inc.


HOOPER, Chief Justice.

The defendants in a fraud action petition for a writ of mandamus directing the trial court to rescind a class action certification. The defendants argue that the trial judge abused his discretion in certifying a class. We grant the petition.

The plaintiffs, Douglas Walters and Linda Walters, alleged that, to finance a consumer purchase, they had borrowed money from the defendant Mercury Finance Corporation and that in regard to that...

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