Appellate Law

Writ of Certiorari is not Substitute for Appeal

A nurse had no avenue for review of an Alabama Board of Nursing consent order reprimanding her for practicing in Alabama without a state nursing license.  The Court of Civil Appeals held that the trial court properly dismissed the nurse's petition for writ of certiorari to set aside the consent order because she voluntarily relinquished her right to appeal in the consent order, and "a common-law writ of certiorari is not available when the petitioner has a right to appeal."  When she agreed to the consent order, the nurse "waived any objection she had . . . including any objection that the consent order was reached in contravention of her due-process rights to notice and an opportunity to be heard."   Lee v. Alabama Board of Nursing, No. 2070957 (Ala. Civ. App. Nov. 21, 2008).

Full post as published by Alabama Appellate Watch on December 04, 2008 (boomark / email).