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EX PARTE ALABAMA DEPT. OF TRANSP.

1050847.

985 So.2d 892 (2007)

EX PARTE ALABAMA DEPARTMENT OF TRANSPORTATION. In re Reese and Howell, Inc. v. Alabama Department of Transportation.

Supreme Court of Alabama.

November 9, 2007.

Attorney(s) appearing for the Case

Robert A. Huffaker and R. Austin Huffaker, Jr., of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for petitioner.

Jacob A. Fuller and J. Doyle Fuller of Law Office of J. Doyle Fuller, P.C., Montgomery, for respondent.

Christopher T. McRae and Jonathan T. Holloway of McRae & Metcalf, P.A., Tallahassee, Florida, for intervenor Anderson Columbia Co., Inc.

PARKER, Justice.

The Alabama Department of Transportation ("ALDOT") petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to enter an order granting ALDOT's motion for a summary judgment in a breach-of-contract action against it brought by Reese and Howell, Inc. ("Reese"). Although Reese argues that ALDOT's petition is due to be denied on the basis that ALDOT has a legal duty to perform its obligations under the contract between it and...

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