Opinion

Winn-Dixie Montgomery, Inc. v. Nipper

  • 865 So. 2d 432
  • 2003 Ala. Civ. App. LEXIS 53
  • 2003 WL 203237
Court
Court of Civil Appeals of Alabama
Filed
Jan 31, 2003
Status
Published
Author
Thompson
On the bench
Crawley, Murdock, Pittman, Thompson, Yates
Cited by
2 cases
Authority
More cited than 0.9%

Per Yates, P.J., with three Judges concurring in the result

How later courts described this case

  • Per Yates, P.J., with three Judges concurring in the result

Written by the judges who cited it.

The opinion

THOMPSON, Judge,

concurring in the result.

Given the facts of this case, the language of § 25-5-292, Ala.Code 1975, and the arguments contained in the petitioner’s brief on appeal, I cannot say that the petitioner has demonstrated a clear legal right to the relief it seeks. See Ex parte Palm Harbor Homes, Inc., 798 So.2d 656, 660 (Ala.2001) (“[A] writ of mandamus is an extraordinary remedy, which requires the petitioner to demonstrate a clear, legal right to the relief sought, or abuse of discretion.”).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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