Ex Parte Duvall

782 So.2d 244 (2000)

Ex parte Paul DUVALL and Paul Marusich.

(Re David Lawrence v. Paul Duvall and Paul Marusich).

1982307.

Supreme Court of Alabama.

October 27, 2000.

William A. Gunter, asst. atty. gen., Department of Conservation and Natural Resources, for petitioners.

J. Myron Smith, Prattville, for respondent.

BROWN, Justice.

Paul Duvall and Paul Marusich, the defendants in a civil action pending in the Elmore Circuit Court, petition for a writ of mandamus directing Judge Ben A. Fuller to grant their motion for summary judgment. They contend that they are entitled to a judgment on the basis of…