Ex Parte Alabama State Personnel Board, 2100289 (ala.civ.app. 5-6-2011)
86 So. 3d 993
Ala. Civ. App.2011Background
- SPB petitioned for mandamus directing Montgomery Circuit Court to vacate its December 21, 2010 order adding SPB as a party to Sutley’s ART/JP petition.
- July 21, 2010: SPB upheld DPS’s decision to terminate Sutley as a state trooper.
- August 19, 2010: Sutley filed a notice of appeal naming DPS as appellee, not SPB.
- September 16, 2010: Sutley filed a Petition for Judicial Review in circuit court naming the DPS; SPB was not named.
- October 28, 2010: DPS moved to dismiss; November 23, 2010: Sutley moved to add SPB; December 7, 2010: trial court granted the motion to add SPB; order entered December 21, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred in adding SPB as a party after time limits. | Sutley failed to name SPB timely; thus no jurisdiction. | Trial court properly allowed amendment for good cause. | Writ granted; circuit court must vacate the order. |
| Whether mandamus is proper to review a trial court's decision on amendment of party pleadings in a statutory appeal. | Mandamus is proper to review failure to dismiss for noncompliance with AAPA procedures. | Mandamus is appropriate to address trial court’s procedural misstep. | Writ granted; mandamus appropriate to compel vacatur. |
Key Cases Cited
- Ex parte Integon Corp., 672 So. 2d 497 (Ala. 1995) (mandamus standards for review of agency-related orders)
- Ex parte Liberty Nat'l Life Ins. Co., 888 So. 2d 478 (Ala. 2003) (mandamus standards cited)
- Ex parte Progressive Specialty Ins. Co., 31 So. 3d 661 (Ala. 2009) (proper vehicle for challenging improper agency-review procedures)
- Ex parte Crestwood Hosp. Nursing Home, Inc., 670 So. 2d 45 (Ala. 1995) (compliance with AAPA procedures required for review)
- Ex parte Worley, 46 So. 3d 916 (Ala. 2009) (strict compliance with § 41-22-20; waivers not allowed)
- Ex parte Carlisle, 894 So. 2d 721 (Ala. Civ. App. 2004) (strict compliance necessary for circuit court review)
- Davis v. Alabama Medicaid Agency, 519 So. 2d 538 (Ala. Civ. App. 1987) (timing of notice of appeal tethered to agency action and 90-day rule analogy)
- State Med. Agency v. Anthony, 528 So. 2d 326 (Ala. Civ. App. 1988) (appeals from agency decisions are purely statutory; strict deadlines apply)
- Olson v. Olson, 367 So. 2d 504 (Ala. Civ. App. 1979) (order denying within 90 days treated as nullity for appeal timing)