Ex parte David R. Wilson, M.D. PETITION FOR WRIT OF MANDAMUS: CIVIL (In re: Kenneth Bryant and Sally Foley, Co-Administrators Ad Litem of the Estate of Kenneth Luke Bryant, deceased v. Baptist Health Centers, Inc. et al.) (Marshall Circuit Court: CV-11-900238). Petition Denied. No Opinion.
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Rel: 08/23/2013 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 ____________________ 1120879 ____________________ Ex parte David R. Wilson, M.D. PETITION FOR WRIT OF MANDAMUS (In re: Kenneth Bryant and Sally Foley, Coadministrators Ad Litem of the Estate of Kenneth Luke Bryant, deceased v. Baptist Health Centers, Inc., et al.) (Marshall Circuit Court, CV-11-900238) MAIN, Justice. PETITION DENIED; NO OPINION. Moore, C.J., and Murdock and Bryan, JJ., concur. Bolin, J., concurs specially. 1120879 BOLIN, Justice (concurring specially). I continue to adhere to the tenets expressed in my special concurrance in Golden Gate National Senior Care, LLC v. Roser, 94 So. 3d 365 (Ala. 2012), regarding the inability of an administrator ad litem to initiate a wrongful-death action when the question of the capacity of the administrator ad litem to bring such an action is properly and timely presented to the trial court. Here, the petitioner is requesting mandamus relief based on a motion to dismiss directed to the plaintiffs' second amended complaint; therefore, any right to relief based on the affirmative defense of lack of capacity has been waived. 2
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