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IMMUNITY & SUMMARY JUDGMENT - EX PARTE JONES


Ex parte Jones, [Ms. 1120950, Dec. 20, 2013] __ So. 3d __ (Ala. 2013). When the Supreme Court denies a mandamus petition as untimely after the denial of a summary-judgment motion asserting state-agent immunity, the defendant cannot simply re-file the same summary-judgment motion and then file a timely mandamus petition from the denial of that motion. "In essence, Jones seeks a 'second bite' at appellate review of the denial of his summary-judgment motion based on immunity grounds, having failed to timely seek appellate review of the trial court's denial of the initial motion for summary judgment." In these circumstances, the petitioner fails to establish a clear legal right to the relief sought and thus is not entitled to mandamus.

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