Legal Opinion

Wells Fargo Bank, N.A. v. Harper (Ex parte Smalls)

Court of Civil Appeals of Alabama

Decided May 5, 2017No. 2160234PublishedCited by 2 opinions

1Opinion of the Court

DONALDSON, Judge.

Charissa A. Smalls petitions this court for a writ of mandamus directing the Madison Circuit Court ("the trial court") to grant her motion to dismiss this action and to set aside the order transferring this action from one judge to another judge in the trial court.1 Mandamus relief is not *103available to Smalls because she seeks dismissal of the action on a ground not raised in the trial court. Further, the trial court has not ruled on Smalls's motion to dismiss or on her objection to the transfer order. Accordingly, we deny the petition.

In 1998, Smalls and Lloyd Harper, who…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Ex Parte HortonSupreme Court of Alabama · 1998
  2. Gotlieb v. CollatSupreme Court of Alabama · 1990
  3. State v. WebberSupreme Court of Alabama · 2004
  4. State v. ReynoldsSupreme Court of Alabama · 2004
  5. Glassmeyer ex rel. Hamm v. GlassmeyerCourt of Civil Appeals of Alabama · 2016

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3Cited by2 opinions

  1. Smalls v. Wells Fargo Bank, N.A.Court of Civil Appeals of Alabama · 2017
  2. Smalls v. Wells Fargo Bank, N.A.Court of Civil Appeals of Alabama · 2017

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