Ex parte Lasonya LindseyAnnotate this Case
On April 1, 2016, Lasonya Lindsey agreed to purchase real property located in Selma from Doris Wallace. Attorney Charles Sims III was retained by one or both of the transacting parties in connection with the sale. On April 26, Sims incorrectly represented to Lindsey that the property was unencumbered by any liens. The transaction closed two days later. In November 2017, Lindsey received written notice that the property had been sold two days earlier at a foreclosure sale after Wallace defaulted on a mortgage on the property. Lindsey and her family were ordered to immediately vacate the property, on which they had already spent $20,000 improving. In early 2018, Lindsey brought a single-count complaint against Sims under the Alabama Legal Services Liability Act, alleging that Sims breached his duty of care by misrepresenting the property. Lindsey filed a first amended complaint on January 31 for the sole purpose of correcting the spelling of Sims's name. Neither the original complaint nor the first amended complaint contained a jury demand. Sims answered the first amended complaint on March 8, and on April 25 he submitted a response to Lindsey's interrogatories in which he stated that he had never represented Lindsey, that his only involvement in the transaction had been to prepare a warranty deed at Wallace's direction, and that he did not perform any title work as part of his representation of Wallace. Lindsay amended the complaint a second time, which included, for the first time, a jury demand on all counts. Relevant here, Sims moved to strike the jury demand, asserting it was made more than 30 days after service of the last pleading on the triable issue: Sims' March 8, 2018, answer. The trial court granted this motion, and Lindsay petitioned the Alabama Supreme Court for mandamus relief, directing the trial court to vacate its order. Because any error could be adequately remedied on appeal, the Supreme Court denied Lindsey's petition for a writ of mandamus to the extent it asks the Court to direct the trial court to vacate its order dismissing counts III and IV of the second amended complaint. The Court granted the petition for a writ of mandamus, however, to the extent it asks the Court to direct the trial court to vacate its order striking the jury demand in the second amended complaint with respect to new issues. The second amended complaint included two new issues –- the conflict-of- interest allegation against Sims in count I and the fraud claim against Wallace in count II –- and Lindsey made a timely demand for a trial by jury on both of those issues.