mandamus test (Alabama) · Go Syfert
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mandamus test in Alabama

6 Alabama opinions name it 2 courts 1983–2016 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Ex Parte United Service Stations, Inc.green
ala · 1993 · cited in 2 Alabama opinions naming this issue, 1996–1996
2 sentences

1996See Ex parte United Service Stations, Inc., 628 So.2d 501, 503 (Ala.1993). [2] Although in the criminal proceeding against Hill the State of Alabama is not the prosecuting authority, the State does have an interest in seeing that Hill is convicted of the federal charges.

1996See Ex parte United Service Stations, Inc., 628 So.2d 501, 503 (Ala.1993). .

22
Ex Parte Southern Ry. Co.green
ala · 1989 · cited in 1 Alabama opinions naming this issue, 2016–2016
1 sentence

2016Ex parte Transportation Leasing Corp., 128 So.3d 722, 733-34 (Ala.2013)(Moore, C.J., dissenting); Ex parte Allied-Signal, Inc., 561 So.2d 1062, 1064 (Ala.1990)(“All of [the mandamus factors] must be ‘positively found’ to justify dismissal.... ”); and Ex parte Southern Ry., 556 So.2d 1082, 1091 (Ala.1989)(“Only when all factors are positively found to require dismissal should a case be dismissed.” (emphasis added)).

11
Ex Parte Allied-Signal, Inc.green
ala · 1990 · cited in 1 Alabama opinions naming this issue, 2016–2016
1 sentence

2016Ex parte Transportation Leasing Corp., 128 So.3d 722, 733-34 (Ala.2013)(Moore, C.J., dissenting); Ex parte Allied-Signal, Inc., 561 So.2d 1062, 1064 (Ala.1990)(“All of [the mandamus factors] must be ‘positively found’ to justify dismissal.... ”); and Ex parte Southern Ry., 556 So.2d 1082, 1091 (Ala.1989)(“Only when all factors are positively found to require dismissal should a case be dismissed.” (emphasis added)).

11
Weir v. Aquilex Hydrochem, LLCgreen
ala · 2013 · cited in 1 Alabama opinions naming this issue, 2016–2016
1 sentence

2016Ex parte Transportation Leasing Corp., 128 So.3d 722, 733-34 (Ala.2013)(Moore, C.J., dissenting); Ex parte Allied-Signal, Inc., 561 So.2d 1062, 1064 (Ala.1990)(“All of [the mandamus factors] must be ‘positively found’ to justify dismissal.... ”); and Ex parte Southern Ry., 556 So.2d 1082, 1091 (Ala.1989)(“Only when all factors are positively found to require dismissal should a case be dismissed.” (emphasis added)).

11
Ex Parte Pattersongreen
alacivapp · 2002 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013Mandamus is a remedy that becomes an option only when a party has met a threshold consisting of four factors: “The burden is on the petitioner who seeks a writ of mandamus to show that each element required for issuance of the writ has been satisfied.” Ex paHe Patterson, 853 So.2d 260, 263 (Ala.Civ.App.2002).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Goldsmith v. State green
alacrimapp · 1997
2 sentences

2014For this reason, “mandamus, and not appeal, is the proper method by which to compel the circuit court to proceed on an in forma pauperis petition.” Goldsmith, 709 So.2d at 1353 .

2014For this reason, "mandamus, and not appeal, is the proper method by which to compel the circuit court to proceed on an in forma pauperis petition." Goldsmith, 709 So. 2d at 1353 .

12014–2014
Ex Parte Kia Motors America, Inc. green
ala · 2003
1 sentence

2013Id.

12013–2013
Evans v. Insurance Co. of North America green
ala · 1977
2 sentences

1983Under the mandamus test as reiterated in Evans v. Insurance Co. of North America, 349 So.2d 1099 (Ala.1977), a writ of mandamus shall issue to the learned circuit court unless that court, within fourteen days from this date, enters a judgment enforcing, without modification, the custody provisions of the Texas judgment rendered and entered in case number 35,227 by the District Court of Montgomery County, Texas, in the matter of the marriage of Timothy Mark Lee and Alice Alisha Lee on the 23rd day of August, 1982.

1983Under the mandamus test as reiterated in Evans v. Insurance Co. of North America , 349 So.2d 1099 (Ala. 1977), a writ of mandamus shall issue to the learned circuit court unless that court, within fourteen days from this date, enters a judgment enforcing, without modification, the custody provisions of the Texas judgment rendered and entered in case number 35,227 by the District Court of Montgomery County, Texas, in the matter of the marriage of Timothy Mark Lee and Alice Alisha Lee on the 23rd day of August, 1982.

11983–1983

Where else courts name it

OH 138 (1944–2026) TX 61 (1985–2026) PA 24 (1976–2025) GA 21 (1959–2025) CA 18 (1943–2025) IL 11 (1988–2024) VT 7 (2006–2026) FL 7 (1938–2025) AL 6 (1983–2016) CT 5 (1990–2022) MI 4 (2006–2025) NY 4 (1847–2023) ID 4 (1983–2023) MN 4 (1989–2026) IA 3 (2017–2017) CO 3 (2016–2022) LA 2 (1972–2025) MA 2 (1984–1990) WI 2 (1995–2023) MT 2 (2022–2022) MD 2 (2005–2008) MO 2 (2016–2016) VI 2 (2015–2016) NM 2 (1972–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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