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EX PARTE TERRY

1060702 and 1060705.

985 So.2d 400 (2007)

Ex parte Emory L. TERRY, as administrator of the estate of Fay Sewell Terry, deceased. (In re The estate of Fay Sewell Terry, deceased). Emory L. Terry, as administrator of the estate of Fay Sewell Terry, deceased v. Craig G. Terry and Kendrick Terry.

Supreme Court of Alabama.

November 2, 2007.

Attorney(s) appearing for the Case

Stephen Mitchell Tunstall, Mobile; and Thomas F. Garth of Lyons, Pipes & Cook, P.C., Mobile, for petitioner/appellant Emory L. Terry.

J. Marshall Gardner of Vickers, Riis, Murray & Curran, L.L.C., Mobile, for respondents Craig Terry and Kendrick Terry.

SEE, Justice.

Emory L. Terry ("Emory"), as the administrator of the estate of Fay Sewell Terry, deceased ("the estate"), petitions this Court for the writ of mandamus directing the Mobile Circuit Court to vacate its order remanding the administration of the estate to the Mobile Probate Court. In the alternative, Emory appeals the decision of the circuit court remanding the case to probate court. We consolidated the two proceedings for purposes of writing one opinion...

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