Ex parte Steve Marshall, [Ms. SC-2023-0894; SC-2023-0895, May 31, 2024] __ So. 3d __ (Ala. 2024). The Court (Mendheim, J.; Parker, C.J., and Shaw, Wise, Bryan, Sellers, Stewart, and Mitchell, JJ., concur; Cook, J., recuses) issues a writ of mandamus to the Montgomery Circuit Court directing the court to vacate its orders referring all matters in the litigation to a special master.
The underlying actions involve alleged mismanagement of the Mabel Amos Memorial Fund, a charitable trust whose board members exercise discretion in awarding financial assistance to applicants desiring to pursue higher education. Ms. *2. The Court first concludes that “[u]nder § 19-3B-110(d), ... the Attorney General of Alabama, has the rights of a qualified beneficiary of the trust because ‘no charitable organization has been expressly designated to receive distribution under the terms of the charitable trust.’ As a qualified beneficiary, Marshall has standing to invoke the jurisdiction of the circuit court to assume control of the trust and to administer it in accordance with its terms.” Ms. *26.
After concluding the actions were to be tried non-jury, the Court explains “insofar as the circuit court referred to the special master those matters to be tried without a jury, ‘those matters … are to be referred to a special master only upon finding of ‘some exceptional condition’ requiring such referral ….’” Ms. *30, quoting Ex parte Alabama State Pers. Bd., 54 So. 3d 886, 892-93 (Ala. 2010).
In issuing the writ, the Court concludes “[t]here appears to be no basis to support the circuit court’s referral of the cases, including, among other things, motions to dismiss and determinations of liability, to a special master. Accordingly, we conclude that the circuit court exceeded its authority in referring the entire cases to a special master.” Ms. *31.