Supreme Court of Alabama

Ex Parte Ann Martin Petition for Writ of Mandamus (in Re: Estate of Patricia Martin, an Incapacitated Person, by And…

August 23, 2024

Summary

The Supreme Court of Alabama dismissed Ann Martin's petition for a writ of mandamus, finding the case moot because the house had been sold and the writ of restitution or possession was no longer in controversy. The Court held that without a live controversy, mandamus relief cannot be granted, and it declined to address ancillary claims such as damages or the validity of the sale.