First Alabama Bank v. Olive

PETITION FOR WRIT OF MANDAMUS

RUSSELL, Judge.

This is a petition for a writ of mandamus.

On November 20, 1986, First Alabama Bank (respondent) filed an action against David Olive (petitioner) as a co-guarantor on a promissory note that had become delinquent. Subsequent to a pre-trial hearing, the case was set for trial by the circuit clerk for the week of April 11, 1988. However, neither the petitioner nor the respondent received notice of such action from the clerk’s office. On April 8, 1988, neither party appeared at the call docket, and, consequently, the trial court dismissed the action for…