Transfer Based On Forum Non Conveniens Not Allowed Where Venue Is Not Proper In Original County

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.

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Method and Scope of Review of an Order Denying a Motion to Transfer Venue

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."