American Suzuki Motor Corporation v. Burns, 1081605 (Ala. 9-23-2011)

Summary

The court treated the manufacturer's mandamus petition as a petition for permission to appeal, granted permission, and reviewed the denial of its motion to dismiss. It held that the plaintiffs' constructive-breach-of-warranty theory was not cognizable and that they had not alleged any actual need for, request for, or denial of warranty service. The court therefore reversed and remanded with instructions to grant the manufacturer's Rule 12(b)(6) motion.