Supreme Court of Alabama

Ex Parte Empire Fire and Marine Insurance Company and Town and Country Autos. (In Re Lorenzo Sanders v. Empire Fire…

July 31, 1998720 So. 2d 893

Summary

The court denied the petition for a writ of mandamus seeking review of the trial court's refusal to grant summary judgment. Mandamus was unavailable because it could not substitute for an appeal, the petitioners could have sought permission for an interlocutory appeal, and an adequate remedy by appeal would be available after final judgment. The court expressly stated that its ruling did not address the merits of the summary judgment motion.