Golden Gate National Senior Care, LLC v. Roser

Supreme Court of Alabama
Golden Gate National Senior Care, LLC v. Roser, 146 So. 3d 1050 (Ala. 2013)
2013 WL 2451341; 2013 Ala. LEXIS 59
Bolin, Bryan, Main, Moore, Murdock

Golden Gate National Senior Care, LLC v. Roser

Concurring Opinion

BOLIN, Justice

(concurring specially).

I continue to adhere to the tenets expressed in my special concurrence in Golden Gate National Senior Care, LLC v. Roser, 94 So.3d 365 (Ala. 2012), regarding the inability of an administrator ad litem to initiate a wrongful-death action when the question of the capacity of the administrator to bring such an action is properly and timely presented to the trial court.

Opinion of the Court

MAIN, Justice.

AFFIRMED. NO OPINION.

MOORE, C.J., and MURDOCK and BRYAN, JJ., concur. BOLIN, J., concurs specially.

070rehearing

On Application for Rehearing

MAIN, Justice.

APPLICATION OVERRULED; NO OPINION.

MOORE, C.J., and MURDOCK and BRYAN, JJ., concur.

BOLIN, J., concurs specially.

Concurring Opinion

BOLIN, Justice

(concurring specially).

I concur to overrule the application for rehearing, although I still adhere to my special writing issued on original submission.

Reference

Full Case Name
GOLDEN GATE NATIONAL SENIOR CARE, LLC, d/b/a Golden Living Center-Riverchase, LLC v. Donald ROSER, as the administrator ad litem of the estate of Laura Roser
Status
Published