Appellate Law

Petition For Writ of Mandamus Denied As Untimely

In Ex parte CJA [Ms. 2070994] (Ala. Civ. App. Jan. 9. 2009), the Court of Civil Appeals denied a petition for writ of mandamus because it was filed after the presumptively reasonable time to appeal, and did not state good cause for failing to file it within the reasonable time.  Further, the fiing of a "motion to set aside" the original order did not toll the time in which a mandamus may be filed. The court, however, also went on to discuss the merits of the petition, and said it was due to be denied on that basis as well.  Judges Moore and Thomas dissented, saying that because the petition was untimely, it should be "dismissed" instead of  "denied," and there was no needto discuss the merits of the petition. 

Full post as published by Alabama Appellate Watch on January 15, 2009 (boomark / email).