Court Raises Absence of Indispensible Party Ex Mero Moto

An appellate court must raise the absence of an indispensable party ex more moto and must dismiss an action without prejudice if the plaintiff has not joined an indispensable party.  The failure to join an indispensible party could produce inconsistent verdicts and "impact the rights, duties, and liabilities of the litigants, members of the public, and the county."  Wilson v. Berry, No. 2080615 (Ala. Civ. App. Oct. 16, 2009).