Ex Parte Alabama State Personnel Board, 2100289 (ala.civ.app. 5-6-2011)

MOORE, Judge.

The Alabama State Personnel Board (“the SPB”) petitions this court for a writ of mandamus directing the Montgomery Circuit Court to vacate its December 21, 2010, order allowing Andrew L. Sutley to add the SPB as a party to Sutle/s appeal from an administrative decision. For the reasons stated below, we grant the petition and issue the writ.

Background

On July 21, 2010, the SPB issued an order upholding the decision of the Alabama Department of Public Safety (“the DPS”) to terminate Sutlers employment as an Alabama state trooper. On August 19, 2010, Sutley filed a notice of appeal…