Waiver of Right to Challenge Venue
Ex parte Tim Seriana, [Ms. 1180104, Mar. 1, 2019] __ So. 3d __ (Ala. 2019). This unanimous decision by Justice Wise issues a writ of mandamus to the Calhoun Circuit Court directing the court to vacate its order granting a motion for change of venue. In issuing the writ, the Court noted that the defendant failed to assert improper venue in its answer. The Court held “[t]herefore, Stevens did not preserve his right to file a motion for a change of venue in accordance with Rule 12(h), Ala. R. Civ. P. Accordingly, Stevens waived his right to challenge venue in Calhoun County, Seriana has a clear legal right to an order vacating the trial court’s order granting Stevens’s motion for change of venue.” Ms. *11.