Ex parte Trust Co. of Virginia

A petition for a writ of prohibition or mandamus must comply with Rule 21, Ala. R.App. P. In my opinion, TCVA’s petition does not comply with Rule 21. Therefore, I respectfully dissent.

Rule 21(a)(1)(E) requires a party applying for a writ of prohibition or mandamus to attach to its petition “[e]opies of any order or opinion or parts of the record that would be essential to an understanding of the matters set forth in the petition.” (Emphasis added.) However, TCVA has not attached to its petition a copy of the only pleading it filed in the probate court, namely, its motion to vacate the order…