Ex Parte Owen

The petitioners seek a writ of mandamus directing the Honorable Wilson Hayes, Judge of the Circuit Court of Baldwin County, to set aside an order by which he on his own initiative amended an earlier order dismissing a third-party complaint.

Defendant St. Paul Title Insurance Corporation filed a third-party complaint against the petitioners, who as third-party defendants moved to have that complaint. dismissed. The trial judge on April 30, 1981, entered an order: "motion to dismiss third-party complaint granted."

The rest of the case remained on the court's docket and proceeded in a somewhat…