Supreme Court of Alabama

Ex Parte Nautilus Insurance Company (in Re: Terry Williams and Zandra Williams v. Precision Sand Products, LLC) Ex…

March 30, 2018260 So. 3d 823

Summary

The court granted Nautilus's mandamus petition because Precision's claims against Nautilus arose from the same core facts as Nautilus's pending federal declaratory-judgment action and therefore were compulsory counterclaims that had to be pursued there. The court denied LFC's petition because denial of its Rule 12(b)(6) motion was reviewable only by appeal, the record showed no present duty to dismiss for failure to join Nautilus, and alleged ripeness defects went to the merits rather than subject-matter jurisdiction.