Cole v. Cole Tomato Sales, Inc.

This is an original petition for mandamus which seeks to have this Court order Circuit Judge William Barber to modify or rescind his order compelling the petitioners to produce certain documents. This Court granted a rule nisi. The trial judge has answered, and oral arguments have been heard. We now deny the petition for a peremptory writ of mandamus.

Briefly stated, the facts are as follows: Docia Earline Cole, as administratrix of the estate of her late husband, C. F. Cole, Jr., filed an action on 5 August 1974, in the Circuit Court of Jefferson County, in which she alleged that her late…