STATE v. TY GREEN MASSAGE THERAPY INC (2019)

PETITION DISMISSED AS MOOT. NO OPINION.

This case is before this Court on the State of Alabama's petition seeking a writ of mandamus and a writ of prohibition directed to the Madison Circuit Court. I agree that the State's petition should be dismissed as moot. I write specially to point out that service of process pursuant to Rule 4, Ala. R. Civ. P., is no longer an issue in this case. While the State's petition was pending before this Court, the corporate defendant, TY Green's Massage Therapy, Inc., through counsel, undisputedly submitted itself to the jurisdiction of the circuit court, thus waiving any challenge to insufficient or improper service of process. See Ex parte Novartis Pharm. Corp., 991 So. 2d 1263 (Ala. 2008).

WISE, Justice.

Parker, C.J., and Bolin, Shaw, Bryan, and Stewart, JJ., concur. Sellers, Mendheim, and Mitchell, JJ., concur specially.