Ex Parte Jason T. Carrick and Ryan McAllister Petition for Writ of Mandamus (in Re: Jason T. Carrick and Ryan…

Summary

The Alabama Supreme Court denied two mandamus petitions challenging a trial court's denial of a motion to dismiss derivative claims and affirmed the dismissal of a petition challenging the appointment of a discovery special master as untimely, and also denied a petition seeking mandamus relief from a dismissal under the abatement statute because an adequate appellate remedy existed. The Court held that the derivative‑representative adequacy issue is a factual inquiry, that the special‑master appointment petition was filed outside the presumptively reasonable time without good cause, and that a Rule 54(b) appeal is the proper avenue for reviewing an abatement‑statute dismissal.