EX PARTE LIBERTY NAT. LIFE INS. CO.

1021173.

888 So.2d 478 (2004)

Ex parte LIBERTY NATIONAL LIFE INSURANCE COMPANY and Torchmark Corporation. (In re Barbara J. Roberts et al. v. Liberty National Life Insurance Company and Torchmark Corporation).

Supreme Court of Alabama.

Rehearing Denied March 26, 2004.


Attorney(s) appearing for the Case

Matthew H. Lembke, Michael R. Pennington, Philip H. Butler, and Scott B. Smith of Bradley Arant Rose & White, LLP, Birmingham; and Edward P. Turner and Halron W. Turner of Turner, Onderdonk, Kimbrough & Howell, P.A., Chatom, for petitioners.

Ted Taylor, Leah O. Taylor, and Rhonda Pitts Chambers of Taylor & Taylor, Birmingham; and William L. Utsey of Utsey & Utsey, Butler, for respondents.


HOUSTON, Justice.

Liberty National Life Insurance Company and Torchmark Corporation1 (hereinafter collectively referred to as "Liberty National") petition this Court for a writ of mandamus directing the Choctaw Circuit Court, either to dismiss this action or to certify to this Court for a permissive appeal under Rule 5, Ala. R.App. P., the question whether the action should be dismissed. We grant the petition.

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