Ex Parte Jackson Hospital & Clinic, Inc. (in Re: Joanne Anderson v. Jackson Hospital & Clinic, Inc.)…

Summary

The court denied both mandamus petitions. It held that the bankruptcy trustee moved within a reasonable time to replace the debtor as the real party in interest, despite waiting more than five months after the defendants' objection, and that the debtor was judicially estopped from personally pursuing the malpractice claim because she failed to disclose it in bankruptcy. Justice Murdock specially concurred to clarify the limited circumstances in which an appellate court may consider an issue de novo on an alternative ground.