Supreme Court of Alabama

Ex Parte Noland Hospital Montgomery, LLC. (in Re Wheatton K. Pynes

August 10, 2012127 So. 3d 1160

Summary

The Alabama Supreme Court granted Noland Hospital Montgomery’s petition for a writ of mandamus, finding the petition timely and directing the trial court to enter summary judgment for the hospital because the plaintiff’s amendment did not relate back to the original complaint, leaving the wrongful‑death claim time‑barred. The Court also clarified that mandamus may review the merits in narrow cases involving fictitious parties and the relation‑back doctrine.