Ex parte STATE MUTUAL INSURANCE COMPANY.
(Re Aubrey Wayne TIDMORE, et al. v. STATE MUTUAL INSURANCE COMPANY, et al.).
STATE MUTUAL INSURANCE COMPANY
v.
Betty J. PAYNE, et al.
Aubrey Wayne TIDMORE, et al.
v.
Betty J. PAYNE, et al.
Supreme Court of Alabama.https://leagle.com/images/logo.png
December 16, 1997.
December 16, 1997.
Attorney(s) appearing for the Case
Gregory H. Hawley and Lorrie L. Lizak of Maynard, Cooper & Gale, P.C., Birmingham; Donald V. Watkins, Birmingham; and Thomas S. Lawson, Jr., and James N. Walter, Jr., of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, for State Mutual Insurance Company.
F. Hilton-Green Tomlinson and Alexander W. Jones, Jr., of Pritchard, McCall & Jones, L.L.C., Birmingham, for Aubrey Wayne Tidmore, et al.
James P. O'Neal of Barnett, Hanes, O'Neal, Duffee & Garfield, L.L.C., Birmingham; and J.L. Chestnut of Chestnut, Sanders, Sanders & Pettaway, Selma, for Betty J. Payne, et al.
Russell Jackson Drake and Joe R. Whatley, Jr., of Cooper, Mitch, Crawford, Kuykendall & Whatley, L.L.C., Birmingham; Steve P. Gregory of Ritchie & Rediker, Birmingham; Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham; Michael Straus of Bainbridge & Straus, Birmingham; Richard A. Freese of Langston, Frazer, Sweet & Freese, Birmingham; Cecil Gardner of Gardner, Middlebrooks & Fleming, Mobile; and Garve Ivey, Jr., of King & Ivey, Jasper, for amici curiae various class action law firms.
David R. Donalson, David J. Guin, and Pamela D. Beard of Donaldson & Guin, L.L.C., Birmingham, for amicus curiae Donaldson & Guin, L.L.C.
Robert A. Jones, Jr., of Jones & Davis, P.C., Birmingham, for amicus curiae Dr. Richard Arrington, Jr., mayor of the City of Birmingham.
Alan T. Rogers and Gregory C. Cook of Balch & Bingham, L.L.P., Birmingham; Mac M. Moorer of Lightfoot, Franklin & White, L.L.C., Birmingham; and Wade H. Baxley and Rhonda Pitts Chambers of the Alabama Defense Lawyers Ass'n.
Supreme Court of Alabama.
On Applications for Rehearing in Case 1960410 and on Initial Appellate Review in Cases 1960455 and 1960589
COOK, Justice.
The opinion of April 4, 1997, in case 1960410 is withdrawn and the following opinion, dealing with that case and with two related appeals, is substituted therefor.
These proceedings (one petition for the writ of mandamus and two appeals) were brought in this Court to challenge an order of Judge Eddie Hardaway, Jr., of the...
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