Opinion
1180727
10-18-2019
Ex parte State of Alabama (In re: State of Alabama v. TY Green's Massage Therapy, Inc., et al.)
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter . Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
PETITION FOR WRITS OF MANDAMUS AND PROHIBITION
(Madison Circuit Court, CV-19-35) WISE, Justice.
PETITION DISMISSED AS MOOT. NO OPINION.
Parker, C.J., and Bolin, Shaw, Bryan, and Stewart, JJ., concur.
Sellers, Mendheim, and Mitchell, JJ., concur specially. SELLERS, Justice (concurring specially).
This case is before this Court on the State of Alabama's petition seeking a writ of mandamus and a writ of prohibition directed to the Madison Circuit Court. I agree that the State's petition should be dismissed as moot. I write specially to point out that service of process pursuant to Rule 4, Ala. R. Civ. P., is no longer an issue in this case. While the State's petition was pending before this Court, the corporate defendant, TY Green's Massage Therapy, Inc., through counsel, undisputedly submitted itself to the jurisdiction of the circuit court, thus waiving any challenge to insufficient or improper service of process. See Ex parte Novartis Pharm. Corp., 991 So. 2d 1263 (Ala. 2008).
Mendheim and Mitchell, JJ., concur.