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EX PARTE SEARS, ROEBUCK AND CO.

1030572.

895 So.2d 265 (2004)

Ex parte SEARS, ROEBUCK AND CO. (In re Shirley Devise and John Devise v. Sears, Roebuck and Co.).

Supreme Court of Alabama.

July 23, 2004.

Attorney(s) appearing for the Case

Glenn E. Ireland, Joseph H. Driver, and Stephen N. Fitts of Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Birmingham, for petitioner.

Craig L. Lowell of Wiggins, Childs, Quinn & Pantazis, P.C., Birmingham, for respondents.

LYONS, Justice.

Sears, Roebuck and Co. ("Sears"), the defendant in an action pending in the Jefferson Circuit Court, petitions for a writ of mandamus directing Judge Dan C. King III to set aside his order denying its motion to dismiss. For the reasons discussed below, we deny the petition.

I. Facts and Procedural History

On February 14, 2003, a house fire occurred at the house of John and Shirley Devise. The Devises believed that a Kenmore...

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