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EX PARTE ALABAMA DEPT. OF MENTAL HEALTH

1002189.

837 So.2d 808 (2002)

Ex parte ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION et al. (In re Laura Percer, as administratrix of the estate of Cynthia Ruth Shirley, deceased v. Alabama Department of Mental Health and Mental Retardation et al).

Supreme Court of Alabama.

June 7, 2002.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen.; Courtney W. Tarver, deputy atty. gen., and David E. Jackson, asst. atty. gen., Alabama Department of Mental Health and Mental Retardation, for petitioners.

Kenneth J. Mendelsohn and Thomas E. James of Jemison, Mendelsohn & James, P.C., Montgomery, for respondent.

STUART, Justice.

The Department of Mental Health and Mental Retardation ("the Department") and its commissioner, Kathy Sawyer, filed this petition for a writ of mandamus directing a judge of the Montgomery Circuit Court to vacate his order issued August 16, 2001, denying the Department and Sawyer's motion to dismiss and directing him to enter an order dismissing all claims against them in this matter. We grant the petition in part and deny it in part.

Laura...

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