Ex Parte Hubbard Properties, Inc., and Warrior Gardens, LLC. (in Re Elizabeth W. McElroy, as Administratrix of The…

Summary

The Alabama Supreme Court granted a writ of mandamus, vacating the trial court’s denial of the defendants’ summary‑judgment motion and entering summary judgment for the defendants because the wrongful‑death action filed by Carolyn Chatman was a nullity; substitution of the administratrix did not cure the defect. Justice Shaw, concurring specially, agreed with the majority’s reasoning.