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MANDAMUS/CHANGE OF VENUE - EX PARTE TIER I TRUCKING, LLC

Ex parte Tier I Trucking, LLC, [Ms. 1150740, Sept. 30, 2016] __ So.3d __ (Ala. 2016). The Court once again disregards the plain language of § 6-3-7(a), Ala. Code 1975, relative to proper venue, and relies instead upon its own re-weighing of competing evidence of convenience to find that the Circuit Court of Wilcox County exceeded its discretion in refusing to transfer a motor vehicle collision case from Wilcox County to Conecuh County pursuant to Alabama's forum non conveniens statute, § 6-3-21.1(a), Ala. Code 1975. Here, the Court "gives great weight to the fact that the accident occurred in Conecuh County and to the fact that no material events occurred in Wilcox County" such that "[t]here is no reason to burden the people of Wilcox County with the use of their court services and other resources for a case that predominantly affects another county, [while] we recognize the interest of the people of Conecuh County to have a case that arose in their county tried close to public view in their county." Ms. *17-18.

Related Documents: Ex parte Tier 1 Trucking

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