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DAVIS PLUMBING CO., INC. v. BURNS

No. 2050480.

967 So.2d 94 (2007)

DAVIS PLUMBING COMPANY, INC. v. William BURNS.

Court of Civil Appeals of Alabama.

April 20, 2007.

Attorney(s) appearing for the Case

Charles H. Clark, Jr., Martha Leach Thompson, and J. Brannon Maner of Huie, Fernambucq & Stewart, LLP, Birmingham, for appellant.

William V. Powell, Jr., of Powell & Denny, P.C., Birmingham, for appellee.

William K. Abell and Arthur Leslie of Shinbaum, Abell, McLeod & Vann, Mont-gomery, for amicus curiae Innoviant Pharmacy, Inc., in support of the appellee.

D. Scott Wright and Thomas H. Nolan, Jr., of Wright, Green, P.C., Mobile, for amicus curiae Carlisle Medical, Inc., in support of the appellant.

On Application for Rehearing

PER CURIAM.

This court's opinion of December 8, 2006, is withdrawn, and the following is substituted therefor.

Davis Plumbing Company, Inc., petitioned this court for a writ of mandamus directing the trial court to vacate its order granting William Burns's motion for a declaratory judgment and to enter an order in Davis Plumbing's favor. We conclude that the trial court's order was a final judgment, treat the petition...

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