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EX PARTE GHAFARY

1960729.

738 So.2d 778 (1998)

Ex parte Elias GHAFARY, M.D., et al. (Re Donna Stewart, as executrix of the estate of Mary P. Stewart, deceased v. Chaihan Korn, M.D., et al.).

Supreme Court of Alabama.

Rehearing Overruled April 9, 1999.

Opinion Dissenting from Overruling of Rehearing April 9, 1999.

Attorney(s) appearing for the Case

Charles P. Gaines of Gaines, Gaines & Rasco, P.C., Talladega, for Dr. Elias Ghafary.

Howard Warren of Turnbach & Warren, P.C., Gadsden, for Dr. Chaihan Korn and Dr. K.J. Shah.

Gregory S. Cusimano of Floyd, Keener, Cusimano & Roberts, P.C., Gadsden, for Dr. Elias Ghafary and Dr. Chaihan Korn.

David B. Carnes of Carnes, Wamsley, Waid & Hyman, P.C., Gadsden, for respondent.

SEE, Justice.

This petition for the writ of mandamus arises out of the trial court's denial of a motion to dismiss a complaint alleging wrongful death, prepared and filed by Donna Stewart, the executrix of Mary Stewart's estate. The defendants—Chaihan Korn, M.D., Elias Ghafary, M.D., and K.J. Shah, M.D.—moved to dismiss the complaint on the ground that Donna Stewart had engaged in the unauthorized practice of law by signing and filing the complaint herself...

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