Transferor Court Lacks Jurisdiction To Vacate Venue Transfer

Ex parte Sidetrack Plaza, LLC, [Ms. 1210119, Sep. 2, 2022] __ So. 3d __ (Ala. 2022). The Court (Wise, J.; Parker, C.J., and Bolin, Shaw, Bryan, Sellers, Mendheim, Stewart, and Mitchell, JJ., concur) issues a writ of mandamus to the Tuscaloosa Circuit Court vacating the circuit court’s October 15, 2021 order purporting to set aside its prior order transferring venue to the Greene Circuit Court.

The Court holds that as of October 15, 2021, “the case had already been sent to and docketed by the Greene Circuit Court. Additionally, the Greene Circuit Court case-action-summary sheet shows that a Greene County case number had been assigned to the case and that the Greene Circuit Court had already set the case for a preliminary hearing. Therefore, [Plaintiff] Hari Har [LLC]’s ‘sole remedy [was] a petition for writ of mandamus directed to the transferor court.’” Ms. *7, quoting Ex parte Sawyer, 873 So. 2d 166, 167(Ala. 2003), some internal quotation marks omitted.

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