Ex Parte American Sweeping, Inc. (in Re Alabama Department of Transportation v. Tk & S Trucking, LLC)

Summary

The Supreme Court of Alabama granted American Sweeping, Inc.'s petition for a writ of mandamus, holding that the Sanderses' amendment substituting ASI for a fictitiously named defendant did not relate back because they failed to exercise due diligence in discovering ASI's identity, rendering the claims time‑barred. Justice Shaw dissented, arguing the petition was procedurally deficient for lacking the required copy of the motion to dismiss.