Supreme Court of Alabama, 2011

Ex parte Harrison

Ex parte Harrison
Supreme Court of Alabama · Decided October 7, 2011 · Bolin, Main, Malone, Murdock, Woodall
82 So. 3d 662; 2011 WL 4793170; 2011 Ala. LEXIS 175 (Southern Reporter, Third Series)

Ex parte Harrison

Opinion of the Court

MAIN, Justice.

PETITION DENIED. NO OPINION.

MALONE, C.J., and WOODALL and BOLIN, JJ., concur. MURDOCK, J., concurs specially.

Concurring Opinion

MURDOCK, Justice

(concurring specially).

The petitioner, Shari Harrison, as executrix of the estate of B.L. Bishop, seeks a writ of mandamus from this Court on the ground that the claims and proceedings at issue are barred by principles of collateral estoppel and/or res judicata because of a ruling by the circuit court that that court lacked subject-matter jurisdiction over similar claims and proceedings previously filed in, but dismissed by, that court. It is not clear to me what, if any, difference exists between the posture of, or the facts relating to, the previous claims and proceedings and the posture of, or the facts relating to, the newly filed claims and proceedings, which the circuit court has decided not to dismiss. The uncertainty affecting this case also prevents me from concluding, however, that a clear legal right to relief has been shown at this juncture. For this reason, I concur in denying the petition for the writ of mandamus.

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