Ex Parte Duncan Const. Co., Inc.

Duncan Construction Co., Inc., petitions for a writ of mandamus directing the Circuit Court of Baldwin County to set aside its order of June 19, 1984, wherein the court severed all third-party claims from the consolidated action pending before it.

THE FACTS

On June 8, 1981, Bileco, Inc., made an offer to R P Properties for the construction of the Executive House Condominium at Gulf Shores, Alabama, the construction work to be performed by Duncan, a wholly-owned subsidiary of Bileco. On August 25, 1981, Duncan entered into a contract with R P whereby Duncan would construct the Executive House…