Ex parte Chmielewski

Mary Chmielewski, as personal representative of the estate of Yvonne Speer Hoover, deceased; Grace Ellis; and Roger Stone petitioned the Alabama Supreme Court for a writ of mandamus directing the Baldwin Circuit Court to vacate an order purporting to set aside its earlier dismissal of a will contest. Hoover executed a will in May 2017. Hoover's will designated Tere Mills as a beneficiary of Hoover's estate. A codicil to Hoover's will was executed shortly before Hoover died in July 2017. The codicil eliminated Mills as a beneficiary of Hoover's estate and added Ellis and Stone as beneficiaries. After Hoover died, her will, along with the codicil, was admitted to probate, and letters testamentary were issued to Chmielewski. Thereafter, pursuant to section 43-8-199, Ala. Code 1975, Mills filed a petition in the circuit court contesting the validity of Hoover's will, as amended by the codicil. It was alleged that the circuit court entered final orders disposing of the action and, no postjudgment motion having been filed within 30 days, lost jurisdiction over the matter. Thereafter, the circuit court, allegedly without jurisdiction, entered an order purporting to grant a postjudgment motion and to reinstate the proceedings. Because the Supreme Court concluded that the proceedings were indeed dismissed, it granted the petition and directed the circuit court to set aside its order purporting to vacate the dismissal. View "Ex parte Chmielewski" on Justia Law