# Winn-Dixie Montgomery, Inc. v. Nipper

> Court of Civil Appeals of Alabama · January 31, 2003 · 865 So. 2d 432

URL: https://www.frixlaw.com/law-library/cases/7764596

## Case

- **Full name:** Ex parte WINN-DIXIE MONTGOMERY, INC. (In re Winn-Dixie Montgomery, Inc. v. Barbara Nipper)
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** January 31, 2003
- **Citations:** 865 So. 2d 432; 2003 Ala. Civ. App. LEXIS 53; 2003 WL 203237
- **Precedential status:** Published
- **Opinion:** Concurrence by Thompson
- **Judges:** Crawley, Murdock, Pittman, Thompson, Yates
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7764596

## Opinion text

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.”).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7764596. Public record. Not legal advice.