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EX PARTE SEALY, L.L.C.

No. 1031820.

904 So.2d 1230 (2004)

Ex parte SEALY, L.L.C. (In re Sealy, L.L.C. v. Napoleon Banks).

Supreme Court of Alabama.

December 30, 2004.

Attorney(s) appearing for the Case

W. Cameron Parsons and Randal Kevin Davis of Davidson, Wiggins, Jones & Parsons, P.C., Tuscaloosa, for petitioner.

Christopher A. Thigpen, Tuscaloosa, for respondent.

WOODALL, Justice.

Sealy, L.L.C. ("Sealy"), petitions this Court for writs of mandamus and prohibition, directing the Hale Circuit Court to vacate its order dismissing with prejudice Sealy's action against Napoleon Banks and restraining that court from considering an award of attorney fees and costs. We grant the petition and issue the writs.

On October 3, 2003, Sealy sued Banks in the Tuscaloosa Circuit Court. Its complaint contained the following pertinent...

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