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

Summary

The court granted American Sweeping, Inc.'s petition for a writ of mandamus and directed the trial court to dismiss the Sanderses' claims against it as barred by the two-year statute of limitations. The court held that the Sanderses failed to exercise due diligence in identifying ASI before and after filing fictitious-party claims, so their later substitution of ASI did not relate back. Justice Shaw, dissenting, would have dismissed the mandamus petition because ASI failed to provide its motion to dismiss and the materials necessary for meaningful review.