Ex Parte Hatton

Plaintiff Rhonda Hatton, as administratrix of the estate of Leonard Hatton, appealed from a summary judgment in favor of defendant Dr. Alfred H. Kent. On appeal she argues that it was error to exclude the testimony of one of her expert witnesses. She has also filed a petition for writ of mandamus relating to the exclusion of that expert's testimony. Because mandamus is an inappropriate means of reviewing a trial judge's discretionary act (in this case, exclusion of deposition testimony), Ex parte Taylor Coal Co., 401 So.2d 1 (Ala. 1981), and because mandamus will not lie when there is a…