Ex Parte Ufford

A third-party defendant, John H. Ufford, has petitioned this Court for a writ of mandamus directing Judge Jack D. Carl, of the Jefferson Circuit Court, to grant his motion to dismiss the third-party complaint of defendant/third-party plaintiff American Indemnity Company.

This is the second time this cause has been before this Court, and the holding of our first opinion, Ufford v. AmericanIndemnity Co., 631 So.2d 959 (Ala. 1994) ("Ufford I"), is now at issue. In Ufford I, we reversed a summary judgment that had been entered in favor of American Indemnity and against Ufford. The facts giving…