Legal Opinion · Dissent

Bandy v. Scrushy (Ex parte Scrushy)

Supreme Court of Alabama

Decided March 9, 2018No. 1160980Published

1Dissent

SHAW, Justice (dissenting).

I do not believe that the trial court had jurisdiction to issue the order challenged in this mandamus petition; I would grant the writ and order that the underlying case be dismissed. Therefore, I respectfully dissent.

On August 26, 2016, the Town of Hayneville ("the Town") held an election for the positions of mayor and five town council members. Roy Meadows, Lula Tyson-Bailey, and Kim Payton won the majority of votes for their council seats in District A. Meadows was disqualified from office soon *646after the election, and his seat was vacated.8

On November 3, 2016,…

2Cases cited9 opinions

  1. Ex Parte SmithSupreme Court of Alabama · 1983
  2. George v. SimsSupreme Court of Alabama · 2004
  3. T.C. v. C.E.Court of Civil Appeals of Alabama · 2010
  4. Ex Parte Progressive Specialty Ins. Co.Supreme Court of Alabama · 2009
  5. Helms v. Helms' Kennels, Inc.Supreme Court of Alabama · 1994

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