Ex parte Silver Chiropractic Group, Inc.

Summary

The Supreme Court of Alabama considered a petition for a writ of mandamus seeking transfer of an action from Chilton County to Montgomery County. The court held that venue was proper in Montgomery County for both the individual defendants and Silver Chiropractic Group because the relevant acts occurred there and the corporation did not conduct the requisite business in Chilton County. The petition was granted, and the trial court was directed to transfer the action.

Holdings

1. Venue for the Board’s action against the individual defendants was proper in Montgomery County, not Chilton County, because the defendants resided in Montgomery County and the acts or omissions alleged in the complaint occurred there rather than in the county where the administrative answers were filed.
2. Venue for the action against Silver Chiropractic Group was proper in Montgomery County because the corporation’s principal place of business and chiropractic operations were there, and the Board failed to show that the corporation regularly performed business functions in Chilton County.
3. The defendants demonstrated a clear legal right to transfer, and the trial court exceeded its discretion by denying their motion; therefore, mandamus was appropriate to require transfer of the action to the Montgomery Circuit Court.

Questions Presented

1. Whether venue for the Board’s equitable action against the individual defendants was proper in Chilton County because the defendants filed answers to the administrative complaints there.
2. Whether venue for the action against Silver Chiropractic Group was proper in Chilton County based on the corporation’s dealings with the Board and the Board’s offices there.
3. Whether the defendants established a clear legal right to mandamus relief directing transfer to Montgomery County.

Disposition

writ_granted