Supreme Court of Alabama, 1985

Kettler v. Fryer

Kettler v. Fryer
Supreme Court of Alabama · Decided November 27, 1985 · Faulkner, Almon, Beatty, Houston, Torbert
480 So. 2d 1232; 1985 Ala. LEXIS 4233 (Southern Reporter, Second Series)

Kettler v. Fryer

Opinion of the Court

FAULKNER, Justice.

WRIT DENIED.

ALMON, BEATTY and HOUSTON, JJ., concur. TORBERT, C.J., concurs specially.

Concurring Opinion

TORBERT, Chief Justice

(concurring specially).

Proceedings involving decedents’ estates do normally take longer than other litigation. While it is difficult to believe that a case could be pending for as long as this one was, the record does not disclose any motions or other proceedings (by way of mandamus, etc.) to require the trial court to make a decision. Apparently this case is an aberration in our system, which is dedicated by rule, court decision, and administrative policy to concluding all cases without undue delay.

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