MANDAMUS & DISMISSAL - EX PARTE ALFA MUT. INS. CO.
Ex parte Alfa Mut. Ins. Co., [Ms. 1141038, June 10, 2016] __ So. 3d __ (Ala. 2016). "A writ of mandamus ... will issue to correct a trial court's ruling regarding the amendment of pleadings ... when it is shown that the trial court has exceeded its discretion." Ms. *9, quoting Ex parte Liberty National Life Ins. Co., 858 So. 2d 950, 952 (Ala. 2003). Here, Alfa sought a petition for a writ of mandamus directing the St. Clair Circuit Court to vacate its order denying Alfa's motion to strike an amended complaint. The Court grants the petition and directs the circuit court to vacate its order denying Alfa's motion to strike and to instead enter an order granting that motion and striking the amended complaint. The Court finds that the attempted amendment filed two years after the original complaint was filed, based upon facts and evidence known to the plaintiffs at the time of the filing of the original complaint, and which occurred after the death of the only material witness with personal knowledge about the facts and circumstances placed in issue by the purported amendment, amounted to "undue delay" and was prejudicial to Alfa such that the circuit court exceeded its discretion in permitting the amendment under authority of Ex parte DePaola, 46 So. 3d 884 (Ala. 2010); Blackmon v. Nexity Financial Corp., 953 So. 2d 1180 (Ala. 2006); and Ex parte Liberty Nat'l Life Ins. Co., 858 So. 2d 950 (Ala. 2003).Posted By Cunningham Bounds LLC Categories: