Sanders v. Bell

Supreme Court of Alabama

Sanders v. Bell

519 So. 2d 932, 1988 Ala. LEXIS 10, 1988 WL 8638

CourtSupreme Court of Alabama

DecidedJanuary 8, 1988

Docket86-1566

StatusPublished

This text of 519 So. 2d 932 (Sanders v. Bell) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanders v. Bell, 519 So. 2d 932, 1988 Ala. LEXIS 10, 1988 WL 8638 (Ala. 1988).

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Opinion

PER CURIAM.

Because it appears that the original complaint was timely filed and because the amendment merely corrected the name of the defendant as originally sued, the relation-back doctrine of Rule 15(c), A.R.Civ.P., is invoked. The trial court erred in granting the defendant’s motion to dismiss as to the defendant Curtis Ralph Bell. The judgment appealed from is reversed on the au- . thority of Rule 15(c), A.R.Civ.P., and McCulley v. Stroud, 286 Ala. 515, 243 So.2d 28 (1970).

REVERSED AND REMANDED.

TORBERT, C.J., and JONES, SHORES, ADAMS and STEAGALL, JJ., concur.

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PER CURIAM.

Because it appears that the original complaint was timely filed and because the amendment merely corrected the name of the defendant as originally sued, the relation-back doctrine of Rule 15(c), A.R.Civ.P., is invoked. The trial court erred in granting the defendant’s motion to dismiss as to the defendant Curtis Ralph Bell. The judgment appealed from is reversed on the au- . thority of Rule 15(c), A.R.Civ.P., and McCulley v. Stroud, 286 Ala. 515, 243 So.2d 28 (1970).

REVERSED AND REMANDED.

TORBERT, C.J., and JONES, SHORES, ADAMS and STEAGALL, JJ., concur.

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Bluebook (online)

519 So. 2d 932, 1988 Ala. LEXIS 10, 1988 WL 8638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-bell-ala-1988.

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