Legal Opinion · Dissent

N.K.F. v. K.A.S.

Court of Civil Appeals of Alabama

Decided November 13, 2015No. 2141041Published

1DissentThomas, Judge

I dissented from granting the application for rehearing of this petition for the writ of mandamus, which application was granted by an order issued on October 2, 2015. The petition did not contain a statement of good cause for its tardy filing as required by Rule 2Í(a)(3), Ala. RApp. P. “[0]ur supreme court has previously indicated that the failure to offer an explanation for the untimely filing of a petition for a writ of mandamus in the body of the petition itself cannot be cured in a subsequent filing. See Ex parte Troutman Sanders, LLP, 866 So.2d 547, 549 n. 1 (Ala.2003); and Ex parte…

2Cases cited4 opinions

  1. Ex Parte Troutman Sanders, LLPSupreme Court of Alabama · 2003
  2. Ex Parte Pelham Tank Lines, Inc.Supreme Court of Alabama · 2004
  3. B.B.B. v. A.E.Q.Court of Civil Appeals of Alabama · 2012
  4. Massengill v. MassengillCourt of Civil Appeals of Alabama · 2015

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