Ex Parte Alfa Mut. General Ins. Co.

The defendant, Alfa Mutual General Insurance Company, petitions for a writ of mandamus ordering the trial court to set aside its order granting the Rule 60(b), Ala.R.Civ.P., motion for relief from judgment filed by the plaintiff, John B. Ledbetter. This is Alfa's second petition for a writ of mandamus concerning the same underlying fraud action.

On January 5, 1996, we issued a writ of mandamus in favor of Alfa. In our opinion, we stated:

"Ledbetter filed a fraud action against Alfa, claiming that one of Alfa's agents had made misrepresentations to him concerning the cancellation of an…