Timeliness of Mandamus Petition


Ex parte M.D., [Ms. 2200205, Feb. 12, 2021], ___ So. 3d ___ (Ala. Civ. App. 2021). The court (Fridy, J.; Thompson, P.J., and Moore, Edwards, and Hanson, JJ., concur) dismisses as untimely the mother’s mandamus petition challenging the Montgomery Juvenile Court’s refusal to allow her to file a petition to modify custody. The court explains

[T]he mother waited 47 days from the date she was notified that the Montgomery Juvenile Court would not permit the filing of the modification petition to file the petition for a writ of mandamus in this court. Thus, she failed to file the petition within a “presumptively reasonable time” from the date of the action that she seeks to challenge, i.e., the date the Montgomery Juvenile Court determined it would not accept the modification petition for filing. In addition, the mother failed to include in her mandamus petition “a statement of circumstances constituting good cause for the appellate court to consider the petition, notwithstanding that it was filed beyond the presumptively reasonable time,” as required byRule21(a)(3), Ala. R. App. P. As a result, we conclude that the mother’s petition for a writ of mandamus is not properly before us, and the petition is dismissed as untimely.

Ms. **7-8.

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