Ex Parte DePaola

* Note from the reporter of decisions: This opinion was released by the Supreme Court under the date February 12, 2010. This case was actually released to the public on February 16, 2010.

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…