Ex Parte J.e. Estes Wood Company, Inc., and A.a. Nettles, Sr. Properties, Ltd. (in Re Shawnee Terminal Railroad V…

Summary

The Alabama Supreme Court granted a writ of mandamus ordering the dismissal of a state‑court action because § 6‑5‑440 requires dismissal, not merely a stay, when a federal action on the same claim is pending. The Court held that a stay does not satisfy the statute and overruled the University of South Alabama decision that had permitted a stay. The decision was unanimous with a special concurrence noting the sua sponte overruling of precedent.