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EX PARTE ALFA MUT. INS. CO.

1041060.

921 So.2d 418 (2005)

Ex parte ALFA MUTUAL INSURANCE COMPANY. In re Alfa Mutual Insurance Company v. Toby Arnette and Jimmie Young.

Supreme Court of Alabama.

July 22, 2005.

Attorney(s) appearing for the Case

Mark J. Everest of Galloway, Smith, Wettermark & Everest, LLP, Mobile, for petitioner.

Jason S. McCormick and Joseph Allan Brown of McCormick & Brown, L.L.C., Mobile, for respondent Toby Arnette.

David Vaughn, Daphne, for respondent Jimmie Young.

STUART, Justice.

Alfa Mutual Insurance Company ("Alfa") petitions this Court for a writ of mandamus directing Judge Charles C. Partin to vacate his order staying its declaratory-judgment action filed in the Baldwin Circuit Court. We grant the petition and issue the writ.

Facts

In July 2003, Jimmie Young sued Toby Arnette, alleging:

"On or about December 8, 2002, [Arnette] did physically attack [Young], and did beat [Young] with [Arnette...

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