Appellate Law

Court of Civil Appeals Has Jurisdiction to Issue Writ of Mandamus

A writ of mandamus provides a party with extraordinary relief because it permits appellate relief from a trial court order before a final judgment. To obtain a writ of mandamus, a party must demonstrate that he has a “clear legal right” to the requested relief; the respondent has an imperative duty which the respondent has refused to perform; the petitioner lacks an alternative remedy; and the appellate court has jurisdiction over the matter.  Ala. Code §12-3-10 (1975) supplies jurisdiction to the Alabama Court of Civil Appeals to issue writs of mandamus in workers' compensation cases. Ex parte Steve Cagle Trucking Co., No. 2061105 (Ala. Civ. App. Feb. 8, 2008).

Full post as published by Alabama Appellate Watch on February 11, 2008 (boomark / email).