Houston v. Jackson Hospital & Clinic, Inc.

LYONS, Justice.

Jackson Hospital & Clinic, Inc. (“Jackson Hospital”), the defendant in a medical-malpractice lawsuit, has filed a petition for the writ of mandamus challenging the trial court’s authority to enter an order setting aside the summary judgment it had entered for Jackson Hospital when the order, which was in response to a motion filed by the plaintiff, Linda Houston, to vacate the summary judgment, had been pending for more than 90 days. We grant the petition and issue the writ.

I. Factual Background and Procedural History

Houston sued Jackson Hospital in the Montgomery Circuit Court…