Acosta v. Trinity Bank

I concur in the result reached by the Court. Although I agree with the majority opinion that Sergio Acosta has demonstrated a clear legal right to the mandamus relief he seeks, I question the holdings and reasoning in Ex parte BancorpSouth Bank, 109 So.3d 163 (Ala.2012), discussed by the majority opinion, and in Mall, Inc. v. Robbins, 412 So.2d 1197 (Ala.1982), and Ex parte AIG Baker Orange Beach Wharf LLC, 49 So.3d 1198 (Ala.2010), also mentioned in the majority opinion.

The Alabama Constitution states that “the right of trial by jury shall remain inviolate.” Art. I, § 11, Ala. Const.1901. As…