DENIED | Alabama Supreme Court - Ex parte MERSCORP, Inc., and Mortgage Electronic Registration Systems, Inc. PETITION FOR WRIT OF MANDAMUS
SUPREME COURT OF ALABAMA SPECIAL TERM, 2013
___________________ 1111370 ____________________ Ex parte MERSCORP, Inc., and Mortgage Electronic Registration Systems, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Nancy O. Robertson, in her official capacity as Probate Judge of Barbour County, on behalf of herself and all others similarly situated v. MERSCORP, Inc., and Mortgage Electronic Registration Systems, Inc.) (Barbour Circuit Court, CV-11-900078) ____________________ 1111567 ____________________ Ex parte U.S. Bank National Association PETITION FOR WRIT OF MANDAMUS (In re: Walker County, on behalf of itself and all other similarly situated Alabama counties, and Rick Allison, Walker County Probate Judge v. U.S. Bank National Association) (Walker Circuit Court, CV-12-46) MURDOCK, Justice. Before us are two petitions for a writ of mandamus seeking review of orders denying motions to dismiss the actions based on the alleged lack of standing by the plaintiffs and, in turn, the alleged lack of subject-matter jurisdiction of the trial courts and seeking an order requiring the trial courts to grant the motions to dismiss. We have consolidated the petitions for the purpose of issuing one opinion, because the issues raised in the two petitions are identical. In case no. 1111567, U.S. Bank National Association ("U.S. Bank"), the defendant below, petitions this Court for a writ of mandamus requiring the Walker Circuit Court to dismiss an action filed by Walker County ("the County") on behalf of a putative class of all Alabama counties similarly situated to Walker County in relation to U.S. Bank and seeking declaratory, injunctive, and monetary relief. In case no. 1111370, MERSCORP, Inc. ("MERSCORP"), and Mortgage Electronic Registration Systems, Inc. ("MERS") (hereinafter referred to collectively as "the MERS defendants"), petition this Court for a writ of mandamus requiring the Barbour Circuit Court to dismiss an action filed by Barbour Probate Judge Nancy O. Robertson, in her official capacity, on behalf of a putative class of all probate judges in Alabama, also seeking declaratory, injunctive, and monetary relief. We deny the petitions. [...]