Ex Parte Jim Walter Homes, Inc.

Jim Walter Homes, Inc., petitions for a writ of mandamus directing Judge H. Edward McFerrin of the Lowndes County Circuit Court to transfer an action from that court to the Montgomery County Circuit Court. In their amended complaint, the plaintiffs, Willie G. Thomas and Jacquelyn Thomas, who are residents of Montgomery County, made claims alleging fraud against Jim Walter Homes and claims alleging negligence and wantonness against Anthony O. Henry. Jim Walter Homes responded by moving to dismiss the action, or, in the alternative, to transfer it to Montgomery County, where the Thomases…