to like effect and discussing Macon County Greyhound Park
How later courts described this case
- to like effect and discussing Macon County Greyhound Park
Written by the judges who cited it.
Distinguished
Distinguished by Poiroux v. Rich, 2014 Ala. LEXIS 38 (2014)
Thus, this Court’s second holding in Keddie-Hill is also distinguishable, and the circuit court erred in determining that the claims related to the filing fee were due to be dismissed for lack of subject-matter jurisdiction, pursuant to that case.
The opinion
LYONS, Justice
(concurring in the rationale in part and dissenting from the judgment).
I concur in all aspects of the main opinion except for its affirmance of the order denying of certification of a class. As to that issue, I dissent from the judgment. The claims of Mary Kathleen Keddie-Hill and Cheryl Tillman are not cognizable in a civil action subject to the Alabama Rules of Civil Procedure; they are cognizable only in a Rule 32, Ala. R.Crim. P., proceeding. Each claim is therefore due to be dismissed without prejudice pursuant to Rule 32.1, Ala. R.Crim. P. The dismissal of the action moots the issue of class certification.