Opinion

Mobile County v. Mobile County Board of Health and Family Oriented Primary Health Care Clinic, Inc.

Court
Supreme Court of Alabama
Filed
Apr 21, 2023
Status
Published
On the bench
PER CURIAM
Cited by
0 cases

The opinion

Rel: April 21, 2023

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern

Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts,

300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other

errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2022-2023

_________________________

1210300

_________________________

Ex parte Walmart Inc. et al.

PETITION FOR WRIT OF MANDAMUS

(In re: Mobile County Board of Health and Family Oriented

Primary Health Care Clinic, Inc.

v.

Mitchell "Chip" Fisher et al.)

(Mobile Circuit Court: CV-19-902806)

_________________________

1210313

_________________________

1210300 and 1210313

Mobile County

v.

Mobile County Board of Health and Family Oriented Primary

Health Care Clinic, Inc.

Appeal from Mobile Circuit Court

(CV-19-902806)

PER CURIAM.

1210300 -- PETITION DENIED. NO OPINION.

Parker, C.J., and Shaw, Wise, Bryan, Mendheim, Stewart, and

Mitchell, JJ., concur.

Sellers, J., dissents, with opinion.

Cook, J., recuses himself.

1210313 -- AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P.

Parker, C.J., and Shaw, Wise, Bryan, Mendheim, Stewart, and

Mitchell, JJ., concur.

Sellers, J., dissents, with opinion.

Cook, J., recuses himself.

2

1210300 and 1210313

SELLERS, Justice (dissenting).

The Mobile County Board of Health ("the Board") and Family

Oriented Primary Health Care Clinic, Inc. ("the Clinic"), commenced an

action in the Mobile Circuit Court against various opioid manufacturers,

opioid distributors, and pharmacies. The Board and the Clinic sought

relief because, they alleged, they had been impacted by an opioid crisis

allegedly created by the defendants. In case number 1210300, Walmart

Inc. and other defendants seek a writ of mandamus directing the trial

court to grant their motion for a judgment on the pleadings because, they

assert, Alabama's abatement statute, § 6-5-440, Ala. Code 1975, requires

dismissal of the action. Consistent with my dissent in Ex parte Cardinal

Health, Inc., [Ms. 1210337, Mar. 17, 2023] ___ So. 3d ___, ___ (Ala. 2023)

(Sellers, J., dissenting), I respectfully dissent from the Court's decision

today to deny the petition for a writ of mandamus. I also dissent from

the Court's decision in case number 1210313, an appeal that has been

consolidated with the referenced petition for a writ of mandamus, to

affirm the trial court's judgment denying Mobile County's motion to

intervene in the action. Based on my conclusion regarding the petition

for a writ of mandamus and the applicability of the abatement statute, I

3

1210300 and 1210313

would dismiss Mobile County's appeal as moot.

4

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.