Ex Parte McFadden Engineering, Inc.

Petitioners McFadden Engineering, Inc., A. Frank McFadden, SJL, Inc., Michael B. Tew, and North American Specialty Insurance Company (hereinafter collectively referred to as "the petitioners") petition for a writ of mandamus directing the trial court to vacate its order refusing to allow the petitioners to conduct, or adequate time in which to conduct, certain discovery. We grant the petitions in part and deny the petitions in part.

I. Facts1

This case began on May 6, 1996, when the Town of Millry, Alabama, sued the petitioners asserting claims of fraud, breach of warranty, negligence, and…