Ex parte Metropolitan Life Ins. Co.

• Decision Date: 26 November 1997
• Parties: Ex parte METROPOLITAN LIFE INSURANCE COMPANY. (In re Susette E. WILLIAMS, et al. v. METROPOLITAN LIFE INSURANCE COMPANY, et al.). 1961801.
• Court: Alabama Supreme Court

Page 229

707 So.2d 229

Ex parte METROPOLITAN LIFE INSURANCE COMPANY.

(In re Susette E. WILLIAMS, et al. v. METROPOLITAN LIFE INSURANCE COMPANY, et al.).

1961801.

Supreme Court of Alabama.

Nov. 26, 1997.

HOUSTON, Justice.

Metropolitan Life Insurance Company ("Met Life") petitions for a writ of mandamus directing Mobile County Circuit Judge Douglas I. Johnstone: (1) to refrain from exercising jurisdiction over any discovery matters in a certain action pending in the Mobile Circuit Court, Susette E. Williams, et al. v. Metropolitan Life Ins. Co., et al., CV-96-3247 ("Williams "); and (2) to vacate the discovery order entered by Judge Johnstone on July 16, 1997, in Williams. This mandamus petition relates to ostensibly conflicting discovery orders relating to Williams. Judge Ferrill D. McRae, also of the Mobile County Circuit Court, had previously entered an order purporting to consolidate Williams with all other cases against Met Life brought by the law firm of Richard F. Pate & Associates ("the Pate firm"). The cases were consolidated for discovery purposes only.

When Susette Williams filed her case in the Mobile Circuit Court, the Pate firm had approximately 13 other cases against Met Life pending in the Mobile Circuit Court, assigned to 4 different judges. Judge McRae presided over the initial case filed by the Pate firm, which was styled Walter H. Rice III v. Metropolitan Life Ins. Co., et al., CV-96-1371 ("Rice "). ¹ Williams was assigned to Judge Johnstone. Pursuant to Rule 42(a), Ala.R.Civ.P., Met Life moved to consolidate all of the cases against it that had been filed by the Pate firm. Met Life later filed an amended motion for consolidation, particularly mentioning Williams. The Williams plaintiffs later amended their complaint to include class action allegations.

While the motion to consolidate was pending, Met Life removed the Williams case to a federal district court. Then, on January 10, 1997, Judge McRae issued an order ("the January 10 order") consolidating all of the cases for discovery and other pretrial purposes. Williams was among the cases consolidated. ² The order further provided that when a party submitted a motion or other filing relating to one of the cases mentioned, "the document [was to] bear the instruction 'TO BE DECIDED BY JUDGE MCRAE' in boldface and all-capital type." ³

The federal court remanded Williams to the Mobile Circuit Court on February 5, 1997. On February 12, 1997, Judge Johnstone conditionally certified the Williams case as a class action. Met Life objected to Judge Johnstone's exercise of jurisdiction over that issue, asserting that class determinations are a pretrial matter and that the class action question was subject to the January 10 order of Judge McRae that consolidated all of the Met Life cases before him. Judge Johnstone rejected that argument, stating that Judge McRae had "inadvertently" included Williams among the consolidated cases.

Met Life subsequently requested a special hearing in front of Judge McRae in order to clarify the scope of his jurisdiction over discovery matters. Judge McRae set the hearing for July 10, 1997. On July 11, 1997, Judge McRae again issued a clarifying order, stating, "[T]his Court has jurisdiction over all discovery in these Met Life cases, and all discovery issues shall be submitted to this Court for resolution...."

About the same time, the plaintiffs in Williams sought a hearing by Judge Johnstone, requesting a clarification as to who had jurisdiction over Williams. In addition, they asked Judge Johnstone for an order compelling discovery. In open court, on July 11, Judge Johnstone stated:

"I would have three observations. Number one, the case before me doesn't seem to have been consolidated. Susette Williams's case doesn't seem to have been consolidated with any cases before Judge McRae, notwithstanding that his order lists it and his order was a nullity in January listing Susette Williams inasmuch as [Williams ] was not pending in this Court at that time. This Court had no jurisdiction to do anything with the said Susette Williams case. So I don't think the consolidation order included the Susette Williams case that's pending before me. That's the first observation. The second observation is that the consolidation order is just a sort of partial consolidation order, merely consolidates the cases for discovery and pretrial purposes. It doesn't move the case to Judge McRae's docket in all respects, if any. The third observation is that this order didn't just issue a few, an hour or so ago, does not in anywise contradict anything I'm about to do. Judge McRae speaks for the Circuit Court for Mobile County, specifically the Circuit Court for the Thirteenth Judicial Circuit of Alabama, just as I do. It's not as though Judge McRae is presiding over one Court and I'm presiding over another Court. We're both presiding over exactly the same Court and he's just saying that this Court has jurisdiction over these discovery matters. He doesn't differentiate between judges ... at all in this order."

On July 16, 1997, Judge Johnstone issued a discovery order purporting to relate to the Williams case. Because of the apparent conflict between Judge McRae's orders and Judge Johnstone's orders, Met Life petitions this Court for a writ of mandamus in order to resolve the conflict.

Met Life argues that by allowing Judge Johnstone to issue discovery orders involving the Williams case, conflict has arisen, and will continue to arise, with respect to discovery orders issued in the other Met Life cases. Met Life also argues that the plaintiffs' counsel in Williams improperly attempted to avoid Judge McRae's order, asserting that counsel should have petitioned this Court for mandamus relief to have Judge McRae's order set aside. Instead, Met Life asserts, the Williams plaintiffs simply ignored Judge McRae's order and failed to use the proper means for seeking relief from that order.

The plaintiffs, on the other hand, argue that because the federal court had jurisdiction over Williams when the January 10 order was entered, Judge McRae lacked jurisdiction over that case and therefore had no authority to include Williams in that order. The plaintiffs assert that upon remand to the circuit court Williams merely resumed its position as if it had not been removed to the federal court. The plaintiffs also point out that six days after the federal court remanded Williams, Judge Johnstone stated that he "specifically retained" jurisdiction over that case, which had been initially assigned to his docket. Essentially, the plaintiffs argue that any orders issued by the Mobile Circuit Court referring to a case pending in the federal court are void and have no effect unless or until the case is remanded to the state court. Thus, the plaintiffs assert that Judge Johnstone's order, dated February 12, 1997, reestablished jurisdiction over Williams and, thus, that Judge Johnstone had the authority to issue the July 16 discovery order, regardless of the apparent conflict with Judge McRae's orders.

Alabama courts have long recognized "that an order issued by a court with jurisdiction over the subject matter [and the person] must be obeyed by the parties subject to the order until it is reversed by orderly and proper proceedings." Ex parte Purvis, 382 So.2d 512, 514 (Ala.1980); see Walker v. City of Birmingham, 279 Ala. 53, 181 So.2d 493 (1966), affirmed, 388 U.S. 307, 87 S.Ct. 1824, 18 L.Ed.2d 1210 (1967); and United States v. United Mine Workers of America, 330 U.S. 258, 67 S.Ct. 677, 91 L.Ed. 884 (1947). Met Life correctly asserts that parties subject to a court order "are expected to obey [it] until it is modified or reversed, even if they have proper grounds to object to [it]." Celotex Corp. v. Edwards, 514 U.S. 300, 306, 115 S.Ct. 1493, 1498, 131 L.Ed.2d 403 (1995). In Howat v. Kansas, 258 U.S. 181, 190, 42 S.Ct. 277, 281, 66 L.Ed. 550 (1922), the United States Supreme Court stated:

"It is for the court of first instance to determine the question of the validity of the law, and until its decision is reversed for error by orderly review, either by itself or by a higher court, its orders based on its decision are to be respected, and disobedience of them is contempt of its lawful authority, to be punished."

See Celotex Corp., 514 U.S. at 313, 115 S.Ct. at 1501; Pasadena City Board of Education v. Spangler, 427 U.S. 424, 96 S.Ct. 2697, 49 L.Ed.2d 599 (1976) (disobedience of outstanding injunctive order subjects the violator to contempt even though the order may later be reversed, vacated, or amended); United Mine Workers, 330 U.S. 258, 67 S.Ct. 677; Walker v. City of Birmingham, 388 U.S. 307, 87 S.Ct. 1824, 18 L.Ed.2d 1210 (parties, generally, may not violate an injunction or temporary restraining order and then attempt to challenge the constitutionality of the order in contempt proceedings, unless the injunction or TRO is transparently invalid); Ex parte Purvis, supra, 382 So.2d at 514-15. In re Providence Journal Co., 820 F.2d 1342, 1346 (1st Cir.1986), cert. dismissed, 485 U.S. 693, 108 S.Ct. 1502, 99 L.Ed.2d 785 (1988).

"Court orders are accorded a special status in American jurisprudence." In re Providence Journal Co., supra, 820 F.2d at 1347. However, because a court "may exercise only those powers entrusted to it by law," orders entered by a court without jurisdiction are not afforded this "special status." Id. In King v. Landrum, 370 So.2d 945, 947 (Ala.1979), this Court adopted this language of the Minnesota Supreme Court:

"It is well settled that jurisdiction once acquired by a state court is continuous though the case has been removed to the United States District Court and later remanded to the state court. The basic correctness of this rule becomes at once apparent if it is borne in mind that the order removing an action to a Federal court does not terminate the state court's jurisdiction but merely stays or interrupts proceedings in...