Ex Parte Owens
2010 Ala. Civ. App. LEXIS 393
Ala. Civ. App.2010Background
- Owens petitions for a writ of mandamus directing the Jefferson Circuit Court to dismiss the underlying action for lack of subject-matter jurisdiction.
- In Owens v. Owens, this Court held the trial court never obtained subject-matter jurisdiction to enforce a foreign child-support order due to failure to properly register under § 30-3A-602.
- On June 18, 2010 the trial court vacated the contempt judgment; on June 21, 2010 the wife amended pleadings to comply with § 30-3A-602; multiple motions followed.
- The wife enrolled foreign judgments and requested a rule nisi; the husband objected and sought dismissal for lack of jurisdiction.
- The petition for mandamus contends the trial court had no power to proceed other than dismissal once lack of jurisdiction was determined.
- The majority grants mandamus, holding the action was a nullity for lack of jurisdiction; the dissent would deny mandamus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject-matter jurisdiction to enforce the foreign order. | Owens argues no jurisdiction due to improper registration. | Owens contends the court retained jurisdiction to adjudicate matter otherwise. | Trial court lacked jurisdiction to enforce; action void. |
| Whether amending pleadings to conform to § 30-3A-602 was proper. | Owens argues amendment cured jurisdictional defect. | Owens argues amendment cannot cure lack of jurisdiction. | Court exceeded discretion by permitting amendment; dismissal required. |
| Whether mandamus is the proper remedy to require dismissal. | Owens asserts mandamus is appropriate to compel dismissal. | Owens claims remedies other than mandamus exist. | Mandamus granted; dismissal ordered. |
Key Cases Cited
- Cadle Co. v. Shabani, 4 So.3d 460 (Ala. 2008) (lack of standing; lack of jurisdiction cannot be cured by amendment)
- Cadle Co. v. Shabani, 950 So.2d 277, 950 So.2d 277 (Ala. 2006) (Cadle I – lack of jurisdiction; remand action cannot cure)
- Alabama Dep't of Corrections v. Montgomery County Comm'n, 11 So.3d 189 (Ala. 2008) (sovereign immunity; court lacks jurisdiction to hear claims against state)
- Ex parte Alabama Dep't of Transp. (In re] Good Hope [Contracting Co. v. Alabama Dep't of Transp.), 978 So.2d 17 (Ala. 2007) (state immunity blocks amendment; court cannot proceed)
- Ex parte Liberty Nat'l Life Ins. Co., 888 So.2d 478 (Ala. 2003) (subject-matter jurisdiction reviewable by mandamus)
- Ex parte Flint Constr. Co., 775 So.2d 805 (Ala. 2000) (subject-matter jurisdiction; mandamus standard)