Venue & Proof of Convenience - Ex Parte Gentile Company, LLC


Ex parte Gentile Company, LLC, [Ms. 2150901, Oct. 14, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals grants a petition for a writ of mandamus and directs the Circuit Court of Jefferson County to vacate an order transferring the action to the Bessemer division of Jefferson County upon finding that the party seeking a transfer of venue to the Bessemer division upon the basis of the relative convenience of the parties (the Bright Star Restaurant, Inc.) failed to support its motion with evidence of convenience. The pertinent standard of review for a motion pursuant to § 6-3-21.1, Ala. Code 1975, is stated as follows:

"'"A defendant moving for a transfer under § 6-3-21.1[, Ala. Code 1975, the statute governing venue transfers under the doctrine of forum non conveniens,] has the initial burden of showing that the transfer is justified, based on the convenience of the parties or witnesses or based on the interest of justice."' Ex parte Kane, 989 So. 2d 509, 511 (Ala. 2008) (quoting Ex parte National Sec. Ins. Co., 727 So. 2d [788,] 789 [(Ala. 1998)]). 'Our review is limited to only those facts that were before the trial court.' Ex parte Kane, 989 So. 2d at 511. Further, 'those facts "must be based upon 'evidentiary material,' which does not include statements of counsel in motions, briefs, and arguments."' Ex parte Indiana Mills & Mfg., Inc., 10 So. 3d [536,] 541 n.3 [(Ala. 2008)] (quoting Ex parte ADT Sec. Servs., Inc., 933 So. 2d 343, 345 (Ala. 2006))."

Ex parte Veolia Envtl. SVC, 122 So. 3d 839, 842 (Ala. Civ. App. 2013).

Ms. *8-9.

Related Documents: Ex parte Ge/documents/ex-parte-gentile-company.pdfntile Company

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