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SUPREME COURT OF ALABAMA

OCTOBER TERM, 2010-2011

1091783

Ex parte John Aldridge Limerick
PETITION FOR WRIT OF MANDAMUS
(In re: Pamela Washington and Robert Washington, Jr.
v.
John Aldridge Limerick et al.)
(Etowah Circuit Court, CV-08-182)

WOODALL, Justice.

John Aldridge Limerick petitions this Court for a writ of
mandamus directing the Etowah Circuit Court to vacate its
order of August 24, 2010, granting the motion for a new trial

filed by Pamela Washington and her husband, Robert Washington,

Jr., in the action the Washingtons filed against Limerick.  We  
grant the petition and issue the writ.  
The relevant facts are procedural and undisputed.   On  

April 13, 2006, a motor vehicle driven by Limerick collided
with a vehicle driven by Pamela Washington. On March 13,
2008, the Washingtons sued Limerick in the Etowah Circuit
Court. On April 23, 2010, a jury returned a verdict in favor
of Limerick, and the trial court entered a judgment
accordingly.

On May 21, 2010, the Washingtons filed a motion for a new
trial. The trial court initially scheduled a hearing on the
motion for July 30, 2010. On July 27, Limerick responded to
the motion, causing the Washingtons to request additional time
to respond to Limerick's filing. The trial court then
rescheduled the hearing for August 20

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