Supreme Court of Alabama

Ex Parte Chad Jones. (in Re Demetrius Hall, a Minor, Suing by and Through His Mother and Next Friend, Latonya Hall…

December 20, 20132013 Ala. LEXIS 190

Summary

The court denied Jones's petition for a writ of mandamus seeking review of the denial of his renewed summary-judgment motion based on State-agent immunity. Although a trial court may generally reconsider a summary-judgment ruling, Jones's renewed motion presented the same grounds, arguments, and evidence as his earlier motion, and permitting mandamus review after his first petition was untimely would undermine the filing deadline. Justice Shaw concurred in the result, while Justice Murdock would have reached the merits because the renewed motion was permissible and involved a continuing immunity defense.