Collins v. Norwood Clinic, Inc.

Summary

The Alabama Supreme Court considered a petition for a writ of mandamus challenging the trial court’s order setting aside a summary judgment and reinstating a medical-malpractice action. The court held that the record did not show a clear abuse of discretion in granting the plaintiff’s Rule 59(e) motion and denied the petition.

Holdings

1. A party seeking to set aside a summary judgment under Rule 59(e) based on excusable delay may establish the circumstances supporting excusable neglect through oral testimony at the motion hearing; affidavits or other evidence submitted with the written motion are not required.
2. The trial court did not exceed its discretion in granting Collins's Rule 59(e) motion to set aside the dismissal and reinstate the case, and mandamus was therefore denied.

Questions Presented

1. Whether the trial court abused its discretion by granting Collins's Rule 59(e) motion to set aside the summary judgment and dismissal and reinstate the case.
2. Whether oral testimony presented at the hearing could support a Rule 59(e) motion when the written motion did not include affidavits or other evidence establishing excusable neglect.
3. Whether the absence of specific factual findings and a transcript of the Rule 59(e) hearing required issuance of a writ of mandamus.

Disposition

writ_denied