Nicholas Hoffman v. City of Birmingham Retirement and Relief System and the Board of Managers of the City of…

Summary

The court held that Hoffman failed to prove that either certified-mail recipient or the city clerk was authorized to accept service for the System or Board. Nevertheless, the court held that dismissing the mandamus petition with prejudice was an abuse of discretion because Hoffman consistently attempted to perfect service and the record did not show delay, willful default, contumacious conduct, or disobedience of a court order. The judgment was reversed and the case remanded.