Ex Parte Cvs Pharmacy, L.L.C. (in Re Mildred Scott v. Cvs Pharmacy, L.L.C.)

Summary

The Alabama Supreme Court granted CVS Pharmacy’s petition for a writ of mandamus and ordered the Montgomery Circuit Court to dismiss Mildred Scott’s complaint as untimely because the filing fee was not paid and the affidavit of substantial hardship was not approved before the two‑year limitations period expired. The Court relied on its prior decision in Courtyard Citiflats and held that payment of the fee or court‑approved hardship is a jurisdictional prerequisite to commencing an action. Justice Murdock dissented, arguing that the deadline should not depend on a judge’s action and that equitable tolling should be considered.