IMPROPER VENUE - EX PARTE VALENTINA LUGO DE VEGA, ET AL.
In Ex parte Valentina Lugo de Vega, et al., [Ms. 1091491, Dec. 17, 2010] __ So. 3d __(Ala. 2010), the Supreme Court of Alabama granted Plaintiff's mandamus petition and vacated a trial court's order granting multiple defendants' motions to transfer venue. The Supreme Court of Alabama held that venue was clearly improper at the commencement of the action, but that the defendants had failed to timely file a motion to transfer venue. Defendants waited 19 to 21 months between filing answers asserting the affirmative defense of improper venue and filing their motions to transfer venue.