Winn-Dixie Montgomery, Inc. v. Nipper

Because I would grant the petition for a writ of mandamus, I respectfully dissent.

To date only two cases have addressed the enforcement of settlements reached pursuant to the Ombudsman Program established by § 25-5-290 et seq., Ala.Code 1975. The first, Stubbs v. Brookwood Medical Center, 767 So.2d 359 (Ala.Civ.App.2000), held that a settlement reached under the Ombudsman Program does not have to receive court approval under § 25-5-56 or § 25-5-83 in order to be enforced as a valid agreement. Ex parte Ford, 782 So.2d 185 (Ala.2000), presented a similar situation. Our supreme court concluded…