Ex Parte Tommy Sundy. (in Re Api Holdings, LLC v. Frost Cummings Tidwell Group, LLC)

Summary

The Supreme Court of Alabama denied Tommy Sundy’s petition for a writ of mandamus, holding that the state’s abatement statute, § 6‑5‑440, does not bar the third‑party claims filed by FCT against Sundy because the plaintiffs in the parallel federal and state actions are different and each may pursue its own claim.