# Ex Parte Fluor Corporation

> Court of Civil Appeals of Alabama · December 22, 2006 · 960 So. 2d 701

URL: https://www.frixlaw.com/law-library/cases/9935424

## Case

- **Full name:** Ex Parte Fluor Corporation (In Re Ledger Morrisette v. Fluor Corporation).
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** December 22, 2006
- **Citations:** 960 So. 2d 701; 2006 WL 3759364
- **Precedential status:** Published
- **Opinion:** Concurrence by Pittman
- **Judges:** Bryan, Crawley, Pittman, Rationale
- **Cited by:** 4 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/9935424

## Opinion text

In footnote 1, the main opinion cites Ex parte Tri-State Motor Transit Co. , 541 So.2d 557 (Ala.Civ.App. 1989), as "implicitly" authorizing the review of the denial of Fluor's motion to dismiss in this case. One of the recognized "narrow exceptions" to the principle that mandamus will not lie from the denial of a Rule 12(b), Ala. R. Civ. P., motion to dismiss is that "[t]he question of subject-matter jurisdiction is reviewable by a petition for a writ of mandamus." Ex parte Liberty Nat'l Life Ins. Co. , 888 So.2d 478 , 480 (Ala. 2003). A claim seeking an award of benefits under the Alabama Workers' Compensation Act, Ala. Code 1975, § 25-5-1 et seq., for an injury occurring while the employee worked outside Alabama is not within the cognizance of our trial courts unless one of the conditions specified in § 25-5-35 (d) applies; indeed, Alabama courts lack subject-matter jurisdiction to entertain such a claim. Ex parte Fluor Contractors Int'l , 772 So.2d 1157 , 1159-60 (Ala. 2000).
Although Ex parte Tri-State predates both Ex parte Liberty National and Ex parte Fluor Contractors , its "implicit" reviewability conclusion is wholly consistent with them. I therefore concur in the main opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935424. Public record. Not legal advice.