Ex parte Sawyer

Summary

The Supreme Court of Alabama considers a petition for a writ of mandamus challenging a Montgomery Circuit Court order that purported to return an action to Montgomery County after the case had been transferred to and docketed in Baldwin County. The court holds that the transferor court lacked authority to vacate or reverse the transfer after docketing by the transferee court, grants the petition, and issues the writ.

Holdings

1. Once a transferor court has granted a transfer and the case has been sent to and docketed by the transferee court, the transferor court lacks authority to vacate or set aside the transfer order or order the case returned.
2. The aggrieved party's sole remedy is a petition for a writ of mandamus directed to the transferor court; the transferee court may not consider a motion to retransfer the case to the county in which it was originally filed.

Questions Presented

1. Whether a transferor court retains authority to vacate or modify its transfer order after the case has been sent to and docketed by the transferee court.
2. Whether the aggrieved party's remedy for an allegedly improper transfer is a petition for a writ of mandamus directed to the transferor court.

Disposition

writ_granted