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EX PARTE FIRST USA BANK, N.A.

1000692.

840 So.2d 137 (2002)

Ex parte FIRST USA BANK, N.A. (In re Wilbur Leroy Davis v. First USA Bank, N.A.).

Supreme Court of Alabama.

June 28, 2002.

Attorney(s) appearing for the Case

Michael L. Edwards, Steven F. Casey, and Cynthia G. Burnside of Balch & Bingham, L.L.P., Birmingham; and Jon B. Terry of Bains & Terry, Bessemer, for petitioner.

Lloyd W. Gathings and Honora M. Gathings of Gathings, Kennedy & Associates, Birmingham; and E.L. Brobston of Brobston & Brobston, Bessemer, for respondent.

Deborah Alley Smith of Christian & Small, L.L.P., Birmingham, for amicus curiae Alabama Defense Lawyers Association, in support of the petitioner.

JOHNSTONE, Justice.

WRIT DENIED.

MOORE, C.J., and BROWN, J., concur.

HOUSTON, SEE, LYONS, HARWOOD, and WOODALL, JJ., concur specially.

STUART, J., dissents.

HOUSTON, Justice (concurring specially).

I join Justice Lyons's special concurrence.

Based on the material before this Court at this time, I cannot hold that the trial court abused its discretion in permitting the amendment to the complaint. If upon the trial of...

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