Mandamus relief denied where there are other adequate remedies.
The rule that mandamus relief will be denied where other relief is available was the determining factor in Ex parte Wall, No. 1061381 (Ala. Oct. 5, 2007).
In Ex parte Wall, the trial court found the petitioner in contempt for failing to pay to his ex-wife the balance of the marital estate, and ordered the petitioner to be held in custody until the amount was paid. The petitioner filed a petitioner for writ of mandamus seeking review of the order. The mandamus petition was denied. The Court found that the petition did not satisfy the requirement for a mandamus that other adequate relief be unavailable. Citing to Ala. R. Civ. P. 70A(g)(1), the Court noted that adjudication of a civil contempt order where the person is held in custody is reviewable by appeal or by the writ of habeas corpus. Thus, because the petitioner had another legal remedy, either by appeal or by writ of habeas corpus, mandamus relief was unavailable.
