EX PARTE YARBROUGH

1991406.

788 So.2d 128 (2000)

Ex parte Clarke C. YARBROUGH. (In re Halstead Contractors, Inc. v. Clarke C. Yarbrough v. CVS Corporation, d/b/a CVS Pharmacy, a subsidiary of Melville Corporation).

Supreme Court of Alabama.

Rehearing Denied January 12, 2001.


Attorney(s) appearing for the Case

J. Gusty Yearout of Yearout, Myers & Traylor, P.C., Birmingham, for petitioners.

Robert T. Meadows III and Patrick C. Davidson of Walker, Hill, Adams, Umbach, Meadows & Walton, Opelika; and Stanley A. Martin, Opelika, for Halstead Contractors, Inc.

Steven F. Casey and F. Inge Johnstone of Balch & Bingham, L.L.P., Birmingham, for CVS Corporation.


LYONS, Justice.

Clarke Yarbrough, the defendant in an action pending in the Lee Circuit Court, petitions for a writ of mandamus directing Judge Jacob A. Walker III to set aside his order of March 23, 2000, denying Yarbrough's motion for leave to file an amendment to a counterclaim and a third-party claim. We grant the petition.

In deciding the issue presented by this petition, we must balance the trial court's obligation to assure expeditious management of...

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