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

Summary

The court denied both petitions, treated as petitions for writs of mandamus, challenging the substitution of the bankruptcy trustee and the application of judicial estoppel. It held that the trustee's five-month delay in seeking substitution was not unreasonable under Rule 17 and that Anderson was judicially estopped from pursuing the claim individually because she failed to disclose it in bankruptcy and later sought to pursue it for her own benefit. Justice Murdock, concurring specially, addressed the limited circumstances in which an appellate court may review a Rule 17 issue de novo.