Hoytte v. McDonald

HARWOOD, Justice.

This petition for a writ of mandamus arises from a lawsuit wherein Thelma Hoytte and Lee Craig sued Margie Evans McDonald, Barbara’s Flower Shop, and various fictitiously named defendants for damages based on harm allegedly caused by the defendants’ negligence or wantonness in causing an automobile accident. The plaintiffs filed their complaint in the Perry County Circuit Court on June 30, 2000. The defendants filed a motion to dismiss or to transfer the case, on July 28, 2000, arguing that, pursuant to Ala. Code 1975, § 6-3-2(a)(3), and Rule 82, Ala. R.Civ.P., the proper…