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EX PARTE DEPAOLA

1071620.

46 So.3d 884 (2010)

Ex parte Susan S. DEPAOLA, trustee in bankruptcy for Clifford H. Willcutt III. (In re Danny Clements Builder, Inc. v. Clifford H. Willcutt III).

Supreme Court of Alabama.

Rehearing Denied April 9, 2010.

Attorney(s) appearing for the Case

Richard A. Lawrence , Montgomery; and Scott Johnson , Montgomery, for petitioner.

Joseph Seawell Moore and John G. Smith of Balch & Bingham, LLP, Montgomery, for respondent.

WOODALL, Justice.

Clifford H. Willcutt III petitioned this Court for a writ of mandamus, seeking relief from the trial court's denial of Willcutt's motions to amend his answer and counterclaims in an action Danny Clements Builder, Inc. ("Clements Builder"), filed against Willcutt in the Montgomery Circuit Court. On September 10, 2008, Willcutt filed in this Court a suggestion of bankruptcy, and on September 15, 2008, this Court placed Willcutt's petition on its

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