Ex parte The Shires Homeowners Association, Inc., [CL-2025-0574, Jan. 16, 2026] ___ So. 3d ___ (Ala. Civ. App. 2026). The Court (Bowden, J.; Moore, P.J., Edwards, Hanson, and Fridy, JJ. concur) grants the petition, and issues a writ of mandamus, holding thatAla. Code § 6-5-440 requires dismissal of a second circuit court action where an earlier-filed action involving the same parties and claims was still pending at the time the second action was filed, even though the first action was later dismissed for lack of subject-matter jurisdiction. Ms. **11–14. The court explains that an action remains “pending” until formally dismissed by the trial court, and that an appellate decision directing dismissal does not terminate the action. Ms. **12–14. Because the second action was filed after the circuit court mistakenly continued litigation on remand of the first, dismissal of the second action was required as a matter of law while the first action remained pending. So, the court directed the circuit court to vacate its order denying dismissal and to dismiss the second action without prejudice. Ms. **17–18.
