EX PARTE CALLAN ASSOCIATES, INC.

1081683.

87 So.3d 1161 (2011)

Ex parte CALLAN ASSOCIATES, INC. (In re Carol M. Perdue, as next friend and legal guardian of Anna K. Perdue, as designated beneficiary of and on behalf of the Prepaid Affordable College Tuition Trust Fund a/k/a The Wallace-Folsom Prepaid College Trust Fund v. Callan Associates, Inc., et al.).

Supreme Court of Alabama.

Rehearing Denied January 20, 2012.


Attorney(s) appearing for the Case

Matthew H. Lembke and Andrew L. Brasher of Bradley Arant Boult Cummings LLP, Birmingham; and William C. McGowin of Bradley Arant Boult Cummings LLP, Montgomery, for petitioner.

Richard H. Gill , George W. Walker III , and C. Nelson Gill of Copeland, Franco, Screws & Gill, P.A., Montgomery; and C. Neal Pope of Pope, McGlamry, Kilpatrick, Morrison & Norwood, LLP, Columbus, Georgia, for respondent.


SHAW, Justice.

Callan Associates, Inc. ("Callan"), petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to dismiss the underlying action filed by Carol M. Perdue, "as next friend and legal guardian of Anna K. Perdue, as designated beneficiary of and on behalf of the Prepaid Affordable College Tuition Trust Fund a/k/a The Wallace-Folsom Prepaid College Trust Fund." For the reasons stated below, we grant the petition and issue the writ...

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