Nicholas Hoffman, a former firefighter for the City of Birmingham, was released from duty in 2022 due to a medical condition. He applied for both extraordinary and ordinary disability benefits from the City of Birmingham Retirement and Relief System, but the Board of Managers denied his claims. Hoffman received notice of the denial on December 28, 2022. On March 10, 2023, he filed a petition for a writ of mandamus in the Jefferson Circuit Court to review the Board's decision.
The Jefferson Circuit Court dismissed Hoffman's petition, citing improper service of process. Hoffman initially attempted service by certified mail, but the return receipts were signed by an employee of the City's finance department, not an authorized agent of the respondents. Hoffman then attempted service through the sheriff's office, but the summons was accepted by a city clerk, not the mayor or an authorized agent. The trial court granted the respondents' motion to quash service and ordered Hoffman to perfect service within 30 days. When Hoffman failed to do so to the court's satisfaction, the court dismissed the case with prejudice.
The Supreme Court of Alabama reviewed the case and found that Hoffman had made diligent efforts to serve the respondents and had not exhibited a clear record of delay, willful default, or contumacious conduct. The court held that the trial court exceeded its discretion in dismissing the case with prejudice. The Supreme Court of Alabama reversed the trial court's judgment and remanded the case for further proceedings. View "Hoffman v. City of Birmingham Retirement and Relief System" on Justia Law
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