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 were compulsory counterclaims in Nautilus's first-filed federal declaratory-judgment action, making dismissal under Alabama's abatement statute mandatory. The court denied LFC's petition because alleged Rule 12(b)(6) error was reviewable by appeal, LFC had not shown a present duty to dismiss for failure to join Nautilus, and the asserted fraud and negligence claims were not jurisdictionally unripe. The court therefore directed dismissal of Nautilus from the state action but denied dismissal as to LFC.