Ex Parte Caterpillar, Inc.

Caterpillar, Inc., a defendant in a circuit court action, petitions for a writ of mandamus directing the trial judge to vacate his order granting the plaintiff's post-judgment motion. Caterpillar argues that the trial court was without jurisdiction to grant the motion. We grant the writ.

T.A. Hall sued Caterpillar and Thompson Tractor Company, Inc. ("Thompson"), alleging breach of express and implied warranties in connection with the lease and sale of a tractor. On January 14, 1997, the trial court granted Caterpillar and Thompson's motion to dismiss the action, based on the statute of…