Ex Parte Walley

1 When this action was filed, Bill Fuller, then commissioner of the State Department of Human Resources, was named as a defendant in his official capacity. Bill Fuller no longer holds the office of commisioner; Page B. Walley currently holds that office. Rule 25(d)(1), Ala. R. Civ. P., provides:

"When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party, but any misnomer not affecting the substantial rights of the…