Ex Parte Musa Properties, LLC Petition for Writ of Mandamus: Civil

Summary

The Supreme Court of Alabama granted MUSA Properties' mandamus petition and directed the circuit court to vacate its order expunging the lis pendens notice. The court held that the notice remained effective because the litigation initially included claims seeking specific performance and an interest in the property, and an interlocutory summary judgment did not terminate the litigation or eliminate the possibility of appellate review. The court also concluded that MUSA had no adequate Rule 59(e) remedy because that rule does not apply to interlocutory orders.