In Ex parte AIG Baker Orange Beach Wharf, [Ms. 1071345] (Ala. Jan. 9, 2009), the Alabama Supreme Court held than an order transferring a case based on forum non conveniens is only proper where venue is proper in the original county. If venue is improper in the original county, then a transfer based on forum non conveniens is inappropriate, and the case would have to be sent back to the original county, even though venue is not proper there.
In Ex parte Smiths Water and Sewer Authority, No. 1050329 (Ala. Sept. 14, 2007), the Alabama Supreme Court reiterated that "the proper method for obtaining a review of a denial of a motion for a change of venue in a civil action is to petition for the writ of mandamus." The court further restated the standard of review applicable to such rulings: "the scope of review is to determine if the trial court abused its discretion, i.e., whether it exercised its discretion in an arbitrary and capricious manner."