Legal Opinion · Concurrence

Dowdle v. Aurora Loan Services, Inc.

Supreme Court of Alabama

Decided March 28, 2003No. 1002225Published

1ConcurrenceMoore, Chief Justice

This Court has stated: “Ordinarily, we would not review rulings regarding discovery proceedings in the trial courts.” Ex parte Dorsey Trailers, Inc., 397 So.2d 98, 102 (Ala.1981). Further:

“The utilization of a writ of mandamus to compel or prohibit discovery is restricted because of the discretionary nature of a discovery order. The right sought to be enforced by mandamus must be clear and certain with no reasonable basis for controversy about the right to relief. The writ will not issue where the right in question is doubtful. Lassiter v. Wemeth, 275 Ala. 555, 156 So.2d 647 (1963).”

397 So.2d…

2Cases cited9 opinions

  1. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
  2. Ex Parte Dorsey Trailers, Inc.Supreme Court of Alabama · 1981
  3. Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
  4. Ex Parte Alabama Power Co.Supreme Court of Alabama · 1967
  5. Wilson v. DuncanSupreme Court of Alabama · 1896

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