Legal Opinion
Ex Parte Whisenant
Court of Civil Appeals of Alabama
Decided July 9, 2004No. 2030545PublishedCited by 2 opinions
1Opinion of the Court
Jesse Whisenant petitions this court for a writ of mandamus to compel the trial court to comply with this court's order of remand dated June 27, 2003. Whisenant v. Whisenant,868 So.2d 1121 (Ala.Civ.App. 2003). The facts regarding this property dispute were summarized in our previous opinion. We grant the petition and issue the writ.
The standard of review applicable to a petition for a writ of mandamus is settled.
"A writ of mandamus is an extraordinary remedy, and it will be `issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the…
2Cases cited10 opinions
- Ex Parte United Service Stations, Inc.Supreme Court of Alabama · 1993
- Sanders v. Empire Fire and Marine Ins. Co.Supreme Court of Alabama · 1998
- Ex Parte Alabama Power Co.Supreme Court of Alabama · 1983
- Ex Parte Drill Parts & Service Co., Inc.Supreme Court of Alabama · 1991
- Ex Parte US Fidelity & Guar. Co.Supreme Court of Alabama · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ex Parte QueenSupreme Court of Alabama · 2006
- Davis v. BlackstockCourt of Civil Appeals of Alabama · 2013