In re: Cleveland II v. Raymond Adams

Raymond Adams petitioned for a writ of mandamus to direct the Autauga Circuit Court: (1) to remove Clifford Wayne Cleveland II ("Chip" or "Chip Cleveland") as coexecutor of the estate of Clifford Wayne Cleveland; (2) to vacate its order prohibiting the estate from hiring an attorney or a certified public accountant ("CPA"); (3) to compel Chip and his sister, Celeste Cleveland Minor, to produce property and assets of the estate that are in their possession; and (4) to impose sanctions on Chip and Minor. Upon careful consideration of the facts in record, the Supreme Court agreed with Adams that the circuit court erred in substituting Chip as a coexecutor of Cleveland's estate. However, because the circuit court had not yet ruled on Adams's motion to remove Chip as coexecutor, Adams did not demonstrate that the circuit court refused to perform an imperative duty. Similarly, Adams did not demonstrate that, at this time, he was entitled to a writ of mandamus, directing the circuit court to vacate its order prohibiting the hiring of an accountant or an attorney to assist with the administration of the estate, or to direct the circuit court to grant his motions to compel production of estate property and assets and to impose sanctions against Chip and Minor. Therefore, the Supreme Court denied Adams's petition for mandamus relief. View "In re: Cleveland II v. Raymond Adams" on Justia Law