Johnson v. Hetzel, [Ms. 1110754, Aug. 10, 2012] ___ So. 3d ___ (Ala. 2012). Johnson, a prison
inmate, sued correctional officers for alleged responsibility in allowing
another inmate to injure him. He did not pay a filing fee, but filed an
affidavit of substantial hardship. The circuit court never approved his
affidavit of substantial hardship, but granted the defendants' motion
to dismiss. The Supreme Court dismisses the appeal, holding that the trial
court never acquired jurisdiction because it did not approve the affidavit
of substantial hardship in lieu of payment of a filing fee, a jurisdictional
defect. The trial court thus never acquired jurisdiction over the action.
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