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108 So. 3d 1040

J.C. v. A.J.

Court of Civil Appeals of Alabama

Decided October 5, 2012

Court of Civil Appeals of Alabama · decided 2012-10-05

Cited by 3 later decisions — most recently November 2018

3 state decisions

Relies on Ex Parte Gates · 775 So. 2d 153 - Ex Parte Inverness Construction Company · 746 So. 2d 960 - Ex Parte Pfizer, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 2012-10-05

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THOMPSON,

¶1Presiding Judge, concurring specially.

¶2A petitioner seeking a writ of mandamus bears a high burden.

“The writ of mandamus is an extraordinary remedy; it will not be issued unless the petitioner shows ‘ “ ‘(1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court.’ ” ’ Ex parte Inverness Constr. Co., 775 So.2d 153, 156 (Ala.2000) (quoting Ex parte Gates, 675 So.2d 371, 374 (Ala.1996)); Ex parte Pfizer, Inc., 746 So.2d 960, 962 (Ala.1999).”

¶3Ex parte Children’s Hosp. of Alabama, 931 So.2d 1, 5-6 (Ala.2005). As detailed in the main opinion, A.J., the mother, failed to meet that high burden in this case; therefore, her petition must be denied.

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