Summary
The Alabama Supreme Court considered a petition for a writ of mandamus challenging the transfer of a personal-injury action from Monroe County to Conecuh County. The court held that venue was proper in Monroe County because one defendant was a nonresident of Alabama and directed the trial court to vacate the transfer order. The court declined to consider forum non conveniens because that ground had not been raised or addressed in the trial court.
Topics
Practice areas
Questions Presented
- Whether venue was proper in Monroe County because the action was brought against nonresident defendant Paul Battle.
- Whether the trial court's transfer of the case to Conecuh County could be sustained on forum non conveniens grounds when that ground was not raised or addressed below.
Holdings
- Venue was proper in Monroe County because an action against a nonresident individual may be brought in any county of Alabama; the trial court therefore clearly erred by transferring the case to Conecuh County.
- The Court did not decide whether forum non conveniens supported the transfer because that ground was not raised or addressed in the trial court.
Key quotations
“Venue is proper in Monroe County; the Greens have thus demonstrated clear error in the trial court’s transfer and a clear legal right to mandamus relief.” (108 So. 3d at 1013)
“We similarly hold that the issue whether the transfer of this case to Conecuh County on the basis of the doctrine of forum non conveniens was proper is not before us.” (108 So. 3d at 1013)
Factual background
George and Wanda Green, residents of Conecuh County, sued Paul Battle and Garth Morris for damages arising from an alleged shotgun assault in Conecuh County. Morris also resided in Conecuh County, while Battle resided in Pensacola, Florida. George sought damages for physical injuries and mental anguish, and Wanda sought loss-of-consortium damages. The action was filed in Monroe County, which had no apparent connection to the parties or incident apart from the presence of a nonresident defendant whose venue statute permitted suit in any Alabama county.
Procedural history
The Greens filed an assault-and-battery action in Monroe Circuit Court against Paul Battle and Garth Morris. Battle moved to dismiss for improper venue or, alternatively, to transfer the case to Conecuh County; Morris also challenged venue. The trial court transferred the case to Conecuh County. The Greens sought mandamus relief, and the Supreme Court of Alabama granted the petition and ordered the trial court to vacate the transfer.
Remand instructions
The Monroe Circuit Court was directed to vacate its order transferring the case to the Conecuh Circuit Court.