Stewart v. Wilson

KENNEDY, Justice.

J.E.W., a three-year-old child, petitions through her guardian ad litem for a writ of mandamus directed to the trial court judge in this case.1

At issue here is the trial court’s determination, ex mero motu, that a 1990 judgment of paternity declaring the petitioner’s legal father is void.

A writ of mandamus is a drastic and extraordinary remedy. Ex parte Johnson Land Co., 561 So.2d 506 (Ala.1990). To justify the issuance of such a writ, there must be a clear showing of injury to the petitioner. Id. The writ will not issue absent a clear abuse of discretion by the trial court…