Supreme Court of Alabama
Ex Parte Brooks Insurance Agency (in Re Guster Law Firm, LLC, and Guster Properties, LLP v. Brooks Insurance Agency)
April 26, 2013125 So. 3d 706
Summary
The Alabama Supreme Court held that Brooks Insurance Agency and Sidney Brooks lacked a clear legal right to dismiss Guster's state‑court claims, but Nationwide demonstrated a clear right to dismissal of its own claims, and therefore the trial court's denial of the motion to dismiss as to Nationwide was erroneous. The Court granted the mandamus petition in part and denied it in part, directing the lower court to vacate its order regarding Nationwide and dismiss those claims without prejudice.