Opinion

Swindle v. Alabama Department of Mental Health & Mental Retardation

  • 894 So. 2d 636
  • 2004 Ala. LEXIS 173
Court
Supreme Court of Alabama
Filed
Jun 25, 2004
Status
Published
Author
Johnstone
On the bench
Johnstone, Houston, See, Lyons, Brown, Harwood, Woodall, Stuart
Cited by
0 cases
Authority
More cited than 1.0%

The opinion

JOHNSTONE, Justice.

Defendants Alabama Department of Mental Health and Mental Retardation, Kathy Sawyer, Anne Evans, G. Allen Fort-son, Ross Hart, Ronald Reed, and Judith Johnston, and defendants East Alabama Mental Health-Mental Retardation Board, Inc., Paul Walker, and Charlene McDaniel moved the Montgomery County Circuit Court to transfer the action filed by plaintiff Tommie Swindle as guardian for Tone-tia Lewis from the Montgomery County Circuit Court to the Lee County Circuit Court. The trial court denied the motions to transfer, and both sets of defendants petitioned this Court for writs of mandamus directing the trial judge to vacate her order denying the motions to transfer and to enter an order granting the motions to transfer. The cases brought to us by these petitions for writs of mandamus are not materially distinguishable from Ex parte Sawyer, 892 So.2d 898 (Ala.2004), and Ex parte Sawyer, 892 So.2d 919 (Ala.2004). Therefore, on the authority of these two precedents, we grant the petitions and issue the writs as sought in these cases now before us. :

PETITIONS GRANTED; WRITS ISSUED.

HOUSTON, SEE, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur.

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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