Ex parte Hubbard Properties, Inc. and Warrior Gardens, LLC.
Annotate this CaseDefendants Hubbard Properties, Inc., and Warrior Gardens, LLC filed a petition for a writ of mandamus requesting that the Alabama Supreme Court direct the Jefferson Circuit Court to vacate its order denying their motion for a summary judgment and to enter a summary judgment in their favor on the ground that the action filed against them was a nullity. Louis Chatman was married to Carolyn Chatman and was a resident of the Warrior Gardens Apartments, which defendants owned and operated. In 2011, there was a fire in the apartment where Louis resided. He was not able to escape and ultimately died in the fire. Louis' estate sued defendants, alleging that as a proximate result of the defendants' negligence and/or wantonness, Louis suffered injuries that resulted in his death. The estate filed a motion to substitute parties, seeking to substitute herself for the administratrix of the estate. The trial court granted the motion, then subsequently granted defendants' motion for summary judgment. The Supreme Court found that the administratrix had been appointed 15 days before Carolyn filed the wrongful death action. Therefore, Carolyn was without authority to file suit. Because she lacked authority, she could not substitute herself with the administratrix and proceed with the case. The Supreme Court granted the writ.
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