Employer Fails to Show Good Cause for Late Petition, Appeals From Non-Final Order

The Court of Civil Appeals rejected an employer’s bid to reverse a workers’ compensation award in two consolidated proceedings. The employer’s petition for mandamus was denied as late — the employer having not shown “good cause” for its delay in filing the petition. The employer’s appeal was dismissed as being from a non-final judgment. Ex parte C & D Logging, Nos. 2070159, 2070198 (Ala. Civ. App. Aug. 29, 2008).

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A Motion to Reconsider an Interlocutory Order Does Not Toll the Presumptively Reasonable Period for Filing a Mandamus Petition

In Ex parte Onyx Waste Services of Florida, released August 17, the Court of Civil Appeals dismissed a mandamus petition filed outside the presumptively reasonable 42 days and without a statement of circumstances constituting good cause.  

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