Catalano v. Blue Cross Blue Shield of Alabama

Supreme Court of Alabama January 14, 2005

Catalano v. Blue Cross Blue Shield of Alabama, 907 So. 2d 423 (Ala. 2005)

2005 Ala. LEXIS 12; 2005 WL 78776

Woodall, Nabers, Houston, Lyons, Brown, Johnstone, Harwood, Stuart, See

Concurring Opinion

SEE, Justice

(concurring specially).

I concur. This Court stated in Ex parte Vance, 900 So.2d 394, 399 (Ala. 2004): *424“ ‘This Court will not issue the writ of mandamus where the petitioner has “ ‘full and adequate relief ” by appeal.’ ” (quoting Ex parte Ocwen Fed. Bank, 872 So.2d 810, 813 (Ala. 2003), quoting in turn State v. Cobb, 288 Ala. 675, 678, 264 So.2d 523, 526 (1972)). Because Blue Cross Blue Shield of Alabama has “full and adequate relief’ by appeal, I concur to deny the petition for the writ of mandamus.

Opinion of the Court

WOODALL, Justice.

PETITION DENIED. NO OPINION.

NABERS, C.J., and HOUSTON, LYONS, BROWN, JOHNSTONE, HARWOOD, and STUART, JJ., concur. SEE, J., concurs specially.

Reference

Full Case Name: Ex Parte Blue Cross Blue Shield of Alabama. (In Re J. Denis Catalano v. Blue Cross Blue Shield of Alabama).
Status: Published