# City of Gadsden v. Johnson

> Court of Civil Appeals of Alabama · April 30, 2004 · 891 So. 2d 903

URL: https://www.frixlaw.com/law-library/cases/9934118

## Case

- **Full name:** City of Gadsden v. Johnny A. Johnson and Municipal Workers' Compensation Fund, Inc.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 30, 2004
- **Citations:** 891 So. 2d 903; 2004 WL 914900
- **Precedential status:** Published
- **Opinion:** Concurrence by Pittman
- **Judges:** Pittman, Thompson
- **Cited by:** 5 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/9934118

## How later opinions describe it (automated extraction)

- reversing a judgment on remand because the trial court had considered additional evidence rather than entering a corrected judgment based on the evidence originally presented to it

## Opinion text

I concur with the main opinion. I write specially to note that we are not bound by our denial of mandamus relief in Ex parte City of Gadsden (No. 2980734, April 13, 1999), 777 So.2d 337
(Ala.Civ.App. 1999) (table). Denial of a mandamus petition "cannot have res judicata effect on subsequent proceedings in light of the extraordinary nature of the writ of mandamus," and such a denial "does not operate as a binding decision on the merits." R.E. Grills, Inc. v. Davison , 641 So.2d 225 , 229 (Ala. 1994).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934118. Public record. Not legal advice.