Ex Parte John H. Jones, M.d. Petition for Writ of Mandamus: Civil (in Re: Tracey Grant, as Personal Representative…

Summary

The Supreme Court of Alabama denied Dr. Jones's petition for a writ of mandamus seeking dismissal of a wrongful-death complaint as untimely. The Court held that Dr. Jones failed to establish a clear legal right to dismissal because he did not address the potentially applicable statutory time-computation provision, which could make the Monday filing timely when the two-year period ended on a weekend. The Court expressly declined to conclusively decide whether that provision applies to wrongful-death actions.