Mattingly v. Cummings

392 So.2d 531 (1980)

Audrey K. MATTINGLY

v.

Walter D. CUMMINGS et al.

79-17.

Supreme Court of Alabama.

October 3, 1980.

Rehearing Denied November 7, 1980.

Gary A. Moore of Shores & Moore, Fairhope, for appellant.

Greg F. Jones, Robertsdale, for appellees.

BEATTY, Justice.

This is an appeal from an order of the Circuit Court of Baldwin County denying Audrey K. Mattingly, the mother of a deceased minor, the right to intervene in the wrongful death action initiated by her ex-husband, Walter D. Cummings, the deceased minor's father. We affirm.

The undisputed facts are that in December, 1978 Dwaine L.…