Court Refuses to Issue Writ of Mandamus to Revive Untimely Summary Judgment Motion

As a general rule, the Alabama Supreme Court may review the denial of a motion for summary judgment when the basis for the motion is a claim of State-agent immunity.  Although the defendants based their summary judgment motion on State-agent immunity in this case, the Court refused to review the  denial of the motion because the trial court’s decision was based on the fact that the defendants filed the motion months after it was due under the court’s sceduling order.   Ex parte Sawyer & Finch, Nos. 1051249 & 1051304 (Ala. October 26, 2007).

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