Junkin v. Southeastern Energy Corp.

Summary

The Alabama Supreme Court considered two petitions for writs of mandamus concerning venue in Clatus Junkin’s malicious-prosecution action against Southeastern Energy Corp. The Court concluded that venue was improper in Fayette County and that the trial court had authority to reconsider its venue ruling and transfer the case to Lowndes County. It dismissed the first petition as moot and denied the second petition.

Holdings

1. The first mandamus petition was moot because the Fayette Circuit Court had jurisdiction to reconsider its prior venue ruling and had already transferred the action to a proper venue.
2. Venue was not proper in Fayette County, and the transfer to Lowndes County was proper because a substantial part of the events or omissions giving rise to the malicious-prosecution claim occurred there.
3. Southeastern Energy did not establish a clear legal right to vacatur of the transfer order, so its second mandamus petition was denied.

Questions Presented

1. Whether the Fayette Circuit Court erred by initially denying Southeastern Energy's motion to transfer Junkin's malicious-prosecution action from Fayette County.
2. Whether the Fayette Circuit Court retained jurisdiction to reconsider its venue ruling and transfer the action to Lowndes County while Southeastern Energy's first mandamus petition was pending.
3. Whether Southeastern Energy had a clear legal right to vacatur of the order transferring the action to Lowndes County.

Disposition

other