Wilmington, Delaware – February 12, 2026 – Maron Marvel is proud to announce a significant victory for its clients in Ex parte Stonebridge, LLC, and Hubbard Properties, Inc. (SC-2025-0364).  On January 30, 2026, the Supreme Court of Alabama issued a writ of mandamus to the Circuit Court of Montgomery County ordering the trial court to dismiss, with prejudice, all the Plaintiff’s claims against the Defendants because the action was not timely commenced under Alabama law.

The plaintiff, proceeding pro se, initially filed a complaint in October 2022 alleging she suffered injuries when a stray bullet entered her apartment. Although the complaint was filed before the applicable statute of limitations expired, the filing did not include summonses or clear instructions for service, and no service occurred for nearly two years.

After retaining counsel, the plaintiff later filed an amended complaint and effectuated service on the defendants—after the statute of limitations had run. The defendants moved to dismiss, asserting that the initial filing did not demonstrate a bona fide intent to have the complaint immediately served, a necessary requirement for an action to be considered “commenced” for statute-of-limitations purposes under Alabama precedent.

When the trial court denied the motions to dismiss, the defendants filed a petition for a writ of mandamus with the Alabama Supreme Court. In its opinion, the Court reaffirmed that a complaint is not timely commenced for statute-of-limitations purposes unless the plaintiff not only files the complaint within the limitations period but also objectively manifests a bona fide intent to immediately serve the complaint and summons on the defendants. Because the plaintiff’s initial filing lacked any such intent and all service occurred after the limitations period, the Supreme Court held that her claims were time-barred and issued the writ directing dismissal with prejudice.

“This ruling underscores a fundamental principle of Alabama civil procedure—that filing alone is not enough to commence an action under the statute of limitations unless accompanied by clear intent to serve,” said Donald Partridge, counsel for the defendants. “We are gratified that the Supreme Court recognized the legal right to dismissal and provided decisive relief for our client.”

The decision clarifies and reinforces the bona fide intent requirement in Alabama’s statute-of-limitations jurisprudence, providing important guidance for practitioners and litigants across the state.

The case is Ex parte Stonebridge, LLC, and Hubbard Properties, Inc. (SC-2025-0364).

About Maron Marvel
Founded in 1996, Maron Marvel has been at the forefront of innovative litigation strategy, delivering forward-thinking legal solutions in risk management, mass and toxic tort litigation, insurance disputes, environmental law, and high-stakes commercial litigation. With 14 offices nationwide, the Firm partners with clients as national, regional, and trial counsel, navigating complex legal challenges in the most dynamic and high-risk jurisdictions across the United States. Discover how we’re redefining litigation at maronmarvel.com.