Ex Parte Bay Area Physicians for Women

Supreme Court of Alabama

Baldwin County | 143 So. 3d 743 | Dec. 13, 2013


Defendant's Petition to Vacate Order Was Untimely and Denied

This case involves the Bay Area Physicians for Women (BAPW) petitioning the Alabama Supreme Court to direct the Baldwin Circuit Court to vacate a previous order reinstating a medical malpractice case against it. Michelle White, the plaintiff, initially filed her complaint in the wrong court (Baldwin Circuit Court instead of Mobile Circuit Court).

The Baldwin Circuit Court dismissed the complaint due to location but reinstated it upon an appeal by White and agreed to transfer the case to the correct court. BAPW argued the Baldwin Circuit Court didn't have personal jurisdiction over it when it made the reinstatement order. The Supreme Court found that BAPW did not file its petition to vacate the Baldwin Court's order in the proper timing. Consequently, the Supreme Court dismissed part of BAPW's petition and denied the other part.

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