Maye v. Alabama Department of Youth Services & Alabama State Personnel Board
2012 Ala. Civ. App. LEXIS 51
Ala. Civ. App.2012Background
- Board upheld DYS's termination of Maye on April 13, 2011; Maye filed a circuit-court notice of appeal on May 9, 2011 naming only DYS and served Board deputy director and DYS counsel.
- Board added as party to the appeal on June 9, 2011; Board moved to dismiss July 7, 2011.
- Maye filed an amended notice of appeal September 9, 2011 naming only DYS and served personnel-department counsel.
- Board filed a second motion to dismiss October 17, 2011; circuit court denied July 7 and October 28, 2011 motions to dismiss.
- Board petitioned for writ of mandamus with this court on November 9, 2011; issue involves appellate-procedure requirements of the Alabama Administrative Procedure Act (AAPA).
- Court grants mandamus, directs circuit court to dismiss the administrative-appeal case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maye validly filed an appeal with the agency within 30 days. | Maye argues the circuit court has jurisdiction. | Board contends Maye failed to file with the Board within 30 days. | No jurisdiction; failure to file timely with the agency defeats review. |
| Whether Maye properly named the Board as a respondent under § 41-22-20. | Maye's filings named only DYS. | Board argues proper naming required for appellate jurisdiction. | Insufficient; jurisdiction lacking absent proper agency naming. |
| Whether waivers/extensions under § 41-22-20(d) could cure the late filing. | Maye did not request extensions or show good cause. | Extensions may be available but not argued here. | Waiver/extension not shown; case falls within waiver rule and lacks jurisdiction. |
| Whether the circuit court properly exercised jurisdiction despite procedural defects. | Maye invokes circuit court review. | Procedural defects deprive jurisdiction. | Circuit court lacked jurisdiction; writ granted. |
Key Cases Cited
- Ex parte Integon Corp., 672 So.2d 497 (Ala.1995) (mandamus prerequisites; extraordinary remedy)
- Ex parte Liberty Nat’l Life Ins. Co., 888 So.2d 478 (Ala.2003) (scope of mandamus review; procedural compliance)
- Ex parte Progressive Specialty Ins. Co., 31 So.3d 661 (Ala.2009) (exercise of mandamus for administrative appeals)
- Ex parte Sutley, 86 So.3d 993 (Ala.Civ.App.2011) (AAPA compliance; jurisdictional defects; dismissal)
- Brunson v. Alabama State Board of Medical Examiners, 69 So.3d 913 (Ala.Civ.App.2011) (failure to file timely notice with agency deprives jurisdiction)
- Ex parte Worley, 46 So.3d 916 (Ala.2010) (plurality; lack of jurisdiction from noncompliance with procedure)
- Ex parte Crestwood Hosp. & Nursing Home, Inc., 670 So.2d 45 (Ala.1995) (dismissal for failure to comply with AAPA requirements)
- Krawczyk v. State Dep’t of Pub. Safety, 7 So.3d 1035 (Ala.Civ.App.2008) (AAPA-compliance standard for appellate filing)
- Eitzen v. Medical Licensure Comm’n of Alabama, 709 So.2d 1239 (Ala.Civ.App.1998) (AAPA; timely filing requirement)
- State Dep’t of Human Res. v. Funk, 651 So.2d 12 (Ala.Civ.App.1994) (cost bond exception; general rule on timing)