Ex parte Tyson Foods, Inc., et al. PETITION FOR WRIT OF MANDAMUS: CIVIL (In re: Reba Kirkley, as administratrix of the estate of Allen Hayes, deceased v. Tyson Foods, Inc., et al.) (Blount Circuit Court: CV-2008-900082). Application Overruled. No Opinion.
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REL:10/4/2013 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2013 ____________________ 1110931 ____________________ Ex parte Tyson Foods, Inc., et al. PETITION FOR WRIT OF MANDAMUS (In re: Reba Kirkley, as administratrix of the estate of Allen Hayes, deceased v. Tyson Foods, Inc., et al.) (Blount Circuit Court, CV-2008-900082) MOORE, Chief Justice. APPLICATION OVERRULED. NO OPINION. 1110931 Stuart, Bolin, Parker, Shaw, Main, Wise, and Bryan, JJ., concur. Murdock, J., concurs specially. 2 1110931 MURDOCK, Justice (concurring specially). The application for rehearing is based on an argument that the issue presented in this case is one of standing. The rejection of that argument on original submission was a position with which I agreed and with which I continue to agree. I therefore must concur in overruling the application for rehearing. That said, I believe a question exists as to whether the issue before us is properly considered to be a real-party-ininterest issue, as the main opinion suggests, entitling the plaintiff to the benefit of the relation-back principle embodied in Rule 15(a), Ala. R. Civ. P., or whether this is a case in which the only party with a cause of action under Alabama law simply missed her statute-of-limitations deadline for commencing an action. The application for rehearing, however, does not explore the circumstances that the realparty-in-interest concept was intended to address. 3
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