Ex Parte Compass Bank D/B/A Bbva Compass and Amy Hovis (In Re: Jerome Sirote v. Compass Bank D/B/A Bbva Compass).

Summary

The court held that Alabama's abatement statute barred Sirote from pursuing a state-court action based on the same operative facts while his appeal from the federal court's dismissal remained pending. Although the federal court had dismissed the state-law claims without prejudice after declining supplemental jurisdiction, reversal on appeal could restore federal jurisdiction over those claims, so the exception allowing parallel state litigation did not apply. The court granted mandamus and directed dismissal of the state-court action.