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EX PARTE J.C. DUKE & ASSOCIATES, INC.

1070298.

4 So.3d 1092 (2008)

Ex parte J.C. DUKE & ASSOCIATES, INC. (In re DelZak Builders, Inc. v. J.C. Duke & Associates, Inc., and Arch Insurance Company).

Supreme Court of Alabama.

August 22, 2008.

Attorney(s) appearing for the Case

C. William Daniels, Jr., Keith S. Rivers, and Ricardo A. Woods of Bowron, Latta & Wasden, P.C., Mobile, for petitioner.

Michael Gillion, Mobile, for respondent.

PARKER, Justice.

J.C. Duke & Associates, Inc. ("Duke"), petitions this Court for a writ of mandamus ordering the trial court to vacate its order denying Duke's motion to dismiss the claims against it pursuant to Ala.Code 1975, § 6-5-440, Alabama's abatement statute. We grant the petition and issue the writ.

I. Facts and Procedural Posture

In February 2005, Duke sued C.L. Roofing Professionals, Inc., and DelZak Builders, Inc., in the...

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