Ex parte CVS Pharmacy, L.L.C.Annotate this Case
CVS Pharmacy, L.L.C. ("CVS"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to dismiss the complaint of the plaintiff Mildred Scott, as untimely filed. Scott filed a complaint asserting negligence and wantonness claims against CVS after she slipped and fell in a CVS store while shopping. Scott did not pay a filing fee when she filed the complaint; she filed an "Affidavit of Substantial Hardship," indicating that she was unable to pay the filing fee. The circuit court entered an order purporting to declare Scott indigent and to waive the filing fee. On that same day, the summons against CVS was issued, and CVS was served with the summons and complaint. A few days after the complaint was served, the circuit court entered an order reversing its earlier order, and denying Scott's affidavit of substantial hardship. Several days after this, Scott paid the filing fee. CVS moved to dismiss Scott's complaint on the ground that the applicable two-year statutory limitations period had expired without the payment of the filing fee or the approval of Scott's affidavit of substantial hardship. The circuit court denied CVS's motion to dismiss. Finding that the circuit court erred in this dismissal, the Supreme Court granted CVS' writ application.