Elliott v. International Paper Co.

Summary

The Alabama Supreme Court reviewed mandamus petitions arising from a venue dispute in a workers’ compensation action. It held that International Paper and Chapman were doing business in Conecuh County through exclusive timber-supply agreements recorded there, making venue proper in that county under Alabama Code § 6-3-7. The court directed the Alabama Court of Civil Appeals to quash its writs ordering transfer of the case to Butler County.

Holdings

1. Exclusive 10- and 20-year timber-supply agreements concerning timber harvested in Conecuh County, recorded in the Conecuh Probate Court and serving the companies' principal function of manufacturing plywood, constituted doing business in Conecuh County under Alabama Code § 6-3-7(a)(3).
2. The Court of Civil Appeals should not have issued mandamus directing transfer because International Paper and Chapman failed to show a clear legal right to transfer or a clear error by the Conecuh Circuit Court.

Questions Presented

1. Whether venue for Elliott's workers' compensation action was proper in Conecuh County under Alabama Code § 6-3-7(a)(3), because International Paper or Chapman did business by agent there at the time the action was filed.
2. Whether the Court of Civil Appeals properly issued mandamus directing the Conecuh Circuit Court to transfer the action to Butler County.

Disposition

writ_granted