Ex parte Organized Community Action Program, Inc.

Summary

The Alabama Supreme Court granted a petition for a writ of mandamus arising from an age-discrimination employment action. The court held that the trial court improperly relied on evidence submitted after summary judgment to grant a Rule 59(e) motion, absent a showing that the evidence was newly discovered or that the delay was otherwise justified. The court directed the trial court to vacate its order and reinstate summary judgment for Organized Community Action Program.

Holdings

1. A Rule 59(e) motion to reconsider a summary judgment is improper when it is used to submit evidence belatedly in opposition to the summary-judgment motion, absent a proper explanation for the failure to present the evidence earlier or a showing that the evidence was newly discovered.
2. OCAP was entitled to a writ of mandamus directing the trial court to vacate its order granting White's Rule 59(e) motion and to reinstate the summary judgment for OCAP.

Questions Presented

1. Whether a trial court may grant a Rule 59(e) motion to vacate summary judgment based solely on evidence submitted after summary judgment when the movant has not shown that the evidence was newly discovered or explained the delay in submitting it.
2. Whether the trial court had a clear legal duty to disregard the belatedly submitted EEOC letter and affidavit and reinstate summary judgment for OCAP.

Disposition

writ_granted