Ex parte International Paper Company. PETITION FOR WRIT OF MANDAMUS (In re: Jerry Elliott v. International Paper Company et al.) (Conecuh Circuit Court: CV-09-900053)
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REL: 09/30/2011
Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
229-0649), of any typographical or other errors, in order that corrections may be made
before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2011
_________________________
2090352
_________________________
Ex parte International Paper Company
_________________________
2090368
_________________________
Ex parte Chapman Forest Products, Inc.
PETITIONS FOR WRIT OF MANDAMUS
(In re: Jerry Elliott
v.
International Paper Company et al.)
(Conecuh Circuit Court, CV-09-900053)
After Issuance of Writs of Mandamus by Alabama Supreme Court
2090352 and 2090368
PER CURIAM.
On December 30, 2010, this court issued an opinion in
case nos. 2090352 and 2090368 granting the petitions for a
writ of mandamus filed by International Paper Company and
Chapman
Forest
Products,
Inc.,
and
directing
the
Conecuh
Circuit Court to transfer the underlying workers' compensation
action filed by Jerry Elliott to the Butler Circuit Court.
See Ex parte International Paper Co., [Ms. 2090352, Dec. 30,
2010] ___ So. 3d ___ (Ala. Civ. App. 2010).
Elliott then
petitioned the Alabama Supreme Court for writs of mandamus
directing this court to quash the writs of mandamus issued by
this court on December 30, 2010.
The supreme court, on August
19, 2011, granted Elliott's petitions and directed this court
to "quash the writs of mandamus it issued on December 30,
2010, ... requiring the Conecuh Circuit Court to transfer the
case to Butler County."
Ex parte Elliott, [Ms. 1100479, Aug.
19,
___
2011]
___
So.
3d
(Ala.
2011).
Accordingly,
in
compliance with the supreme court's opinion, we hereby quash
the writs of mandamus issued by this court on December 30,
2010.
2090352 –- WRIT QUASHED.
2090368 –- WRIT QUASHED.
All the judges concur.
2
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