Ex parte T.M.F.

T.M.F. petitioned the Alabama Supreme Court for a writ of certiorari to review the March 5, 2019 order of the Court of Civil Appeals denying his petition for a writ of mandamus. T.M.F. sought the to direct the Jefferson District Court to vacate its order denying his motion for a change of venue in an underlying case involving a petition for protection from abuse from Jefferson County to Mobile County and to enter an order transferring the case to Mobile County. Rather than filing a petition for a writ of mandamus with the Supreme Court seeking de novo review of the issue before the Court of Civil Appeals in denying his petition for a writ of mandamus, T.M.F. filed a petition for a writ of certiorari pursuant to Rule 39, Ala. R. App. P. However, under Rule 21(e), Rule 39 comes into play only if T.M.F. had first sought a rehearing in the Court of Civil Appeals. Because T.M.F. did not file an application for rehearing in the Court of Civil Appeals, his only avenue for seeking review with the Supreme Court would be filing a petition for a writ of mandamus. Accordingly, the petition for a writ of certiorari was dismissed. View "Ex parte T.M.F." on Justia Law