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Ex parte Strickland

Alabama Court of Civil Appeals

November 21, 2014

Ex parte Tommie Strickland, individually and d/b/a Strickland Motors Sales; (In re: Safeway Insurance Company of Alabama, Inc.
v.
Tommie Strickland, individually and d/b/a Strickland Motors, Inc.)

Released for Publication September 15, 2015.

Appealed from Petition for Writ of Mandamus (Mobile Circuit Court, CV-14-900562), John R. Lockett, Judge.

For Petitioner: Stephen P. Wilson, The Hamilton Law Firm, P.L.L.C., Meridian, Mississippi. Submitted on petitioner's brief only.

THOMPSON, Presiding Judge. Pittman, Thomas, Moore, and Donaldson, JJ., concur.

Page 858

PETITION FOR WRIT OF MANDAMUS

On Application for Rehearing

THOMPSON, Presiding Judge.

The opinion of October 3, 2014, is withdrawn, and the following is substituted therefor.

Tommie Strickland, individually and doing business as Strickland Motors Sales,[1] petitions this court for a writ of mandamus directing the Mobile Circuit Court (" the trial court" ) to vacate its order denying his motion to dismiss the action filed against him by Safeway Insurance Company of Alabama, Inc., and to enter an order dismissing the action for lack of personal jurisdiction. For the reasons set forth below, we dismiss the petition.

On August 11, 2014, this court notified Strickland that his petition was deficient because, among other things, there were no attachments filed in support of the petition in accordance with Rule 21(a)(1)(E), Ala. R. App. P. Strickland was given seven days to cure the deficiencies and was notified that " [f]ailure to cure the deficiencies within [seven] days may result in dismissal of this petition."

Rule 21(a)(1)(E) provides:

" (1) General. Application for a writ of mandamus or of prohibition directed to a judge or judges shall be made by filing a petition therefor with the clerk of the appellate court having jurisdiction thereof with certificate of service on the respondent judge or judges and on all parties to the action in the trial court. The petition shall contain, under appropriate

Page 859

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