Supreme Court of Alabama

Ex Parte Montgomery County Commission, (In Re: Ex Parte Nancy Buckner

May 20, 20112011 Ala. LEXIS 76

Summary

The court held that a prior mandamus decision did not operate as the law of the case in later actions brought by parties who had not participated in the earlier proceeding. Because the County and the Academy were entitled to present their claims and defenses and seek appellate review, the court quashed the writ directing dismissal of their actions and remanded the recusal issue for consideration. The court did not reach the parties' remaining arguments.