Hoffman v. City of Birmingham Retirement and Relief System, et al., [Ms. SC-2023-0803, Aug. 23, 2024] __ So. 3d __ (Ala. 2024). The Court (Wise, J.; Parker, C.J., and Stewart and Cook, JJ., concur; Sellers, J., concurs in the result) reverses the Jefferson Circuit Court’s dismissal of Nicholas Hoffman’s petition for writ of mandamus challenging the City of Birmingham Retirement and Relief System’s (“the System”) denial of his application for disability benefits.
While rejecting Hoffman’s arguments that he had perfected service on the Board, the Court concludes the circuit court exceeded its discretion in dismissing Hoffman’s petition with prejudice because “it does not appear there was a clear record of delay, willful default or contumacious conduct by Hoffman … or evidence of his disobedience to an order of the court...” Ms. *26, citations and internal quotation marks omitted.\