Jurisdiction of Court of Civil Appeals - Mandamus

|

Ex parte Greene County Commission, [Ms. 2190686, Aug. 7, 2020] __ So. 3d __ (Ala. Civ. App. 2020). The court (Thompson, P.J.; Moore, Donaldson, Edwards, and Hanson, JJ., concur) transfers to the Supreme Court a petition for writ of mandamus filed in an action by 28 plaintiffs against the Greene County Commission seeking injunctive relief and compensatory damages arising from deplorable conditions in the Greene County Courthouse. The court explains “[a]lthough the plaintiffs’ complaint sought injunctive relief, given the nature of all of the claims asserted, the complaint primarily seeks relief in the form of awards of damages. ... The plaintiffs did not demand specified amounts of damages in their claims, but the nature of those claims indicate that the amount in controversy in their action exceeds the $50,000 monetary jurisdictional limit of this court.” Ms. *4.

The court declines to accept jurisdiction over the petition based on the amount in controversy and transfers the petition to the Alabama Supreme Court. See § 12-1-4, Ala. Code 1975 (“[W]hen any case is submitted to a court of appeals which should have gone to the Supreme Court, it shall be transferred to the Alabama Supreme Court.”). Ms. *5.

Related Documents

Categories: 
Share To: