Ex parte Liberty National Life Ins. Co., [Ms. 1180693, Dec. 6, 2019] __ So. 3d __ (Ala. 2019). The Court (Stewart, J.; Parker, C.J., and Bolin, Shaw, Wise, Bryan, Sellers, and Mendheim, JJ., concur; Mitchell, JJ., recuses) issues a writ of mandamus to the Montgomery Circuit Court to vacate its order denying defendants’ motion to transfer venue in a fraud action to Elmore County.

Because the plaintiffs resided in Elmore County and “[a]ll of the evidence indicates that the alleged wrongful events and omissions occurred in Elmore County; ... venue is not proper [as to Liberty National] in Montgomery County under § 6-3-7(a)(1).” Ms. *12. As to the individual defendant Rich, “pursuant to § 6-3-2(a)(2) and (3), venue would be proper in either Butler County, where Rich resides, or Elmore County, where ‘the act or omission’ occurred, but not in Montgomery County.” Ms. *13.

Related Documents

Share To: