Banks v. Spray

149 So. 3d 1082, 2014 WL 803174
CourtSupreme Court of Alabama
DecidedFebruary 28, 2014
Docket1121338
StatusPublished
Cited by4 cases

This text of 149 So. 3d 1082 (Banks v. Spray) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Banks v. Spray, 149 So. 3d 1082, 2014 WL 803174 (Ala. 2014).

Opinions

STUART, Justice.

State Farm Mutual Automobile Insurance Company (“State Farm”) petitions this Court for a writ of mandamus directing the Clarke Circuit Court to vacate its order dated July 8, 2013, denying State Farm’s motion to transfer this action from the Clarke Circuit Court to the Mobile Circuit Court and to enter an order granting the motion. We grant the petition and issue the writ.

Facts and Procedural History

The underlying action arises out of an automobile accident that occurred in Mobile County on February 8, 2010. Sandra H. Banks, a resident of both Clarke County and Mobile County, sued Robert Gary Spray, a resident of Baldwin County, and State Farm, an Illinois corporation authorized to do business in Alabama, in Clarke County. In her complaint, Banks alleged that she suffered injuries as a result of the wrongful, negligent, and/or wanton conduct of Spray when the vehicle he was driving and owned struck her vehicle. Additionally, Banks alleged that at the time of the accident she had a policy of insurance with State Farm, which included uninsured-/underinsured-motorist coverage, and that she was due proceeds under her coverage.

On March 4, 2013, State Farm moved to transfer the action to Mobile County pursuant to the doctrine of forum non conve-niens. In its motion, State Farm argued that both the convenience of the parties and the witnesses and the interest of justice required that the action be transferred to Mobile County because, it said, the accident occurred in Mobile County, most of the witnesses were located in Mobile County, and the action had a strong connection to Mobile County. State Farm attached to its motion an affidavit from David Jones, a law-enforcement officer who investigated the accident. Jones stated that “[i]t would be significantly more convenient for [him] if this action [was] transferred to Mobile County.” Jones averred that he understood that he would be called as a witness at trial and that Mobile County would be a more convenient venue for him because he lived approximately 8 miles from the Mobile County courthouse whereas he lived approximately 100 miles from the Clarke County courthouse. On July 8, 2013, the trial court denied State Farm’s motion to-transfer.

On August 16, 2013, State Farm petitioned this Court for a writ of mandamus directing the Clarke Circuit Court to vacate its July 8, 2013, order denying State Farm’s motion to transfer this action and to enter an order granting the motion. On December 10, 2013, this Court ordered the filing of answers and briefs. Neither the Clarke Circuit Court judge nor Banks filed an answer and brief within the time provided; therefore, our decision is based solely upon application of the law to the [1085]*1085materials provided by State Farm in support of its petition.

Standard of Review

“‘A petition for a writ of mandamus is the appropriate “method for obtaining review of a denial of a motion for a change of venue” pursuant to § 6-3-21.1[, Ala.Code 1975], Ex parte National Sec. Ins. Co., 727 So.2d 788, 789 (Ala.1998)....
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“ ‘ “A party moving for a transfer under § 6-3-21.1 has the initial burden of showing, among other things, one of two factors: (1) that the transfer is justified based on the convenience of either the parties or the witnesses, or (2) that the transfer is justified ‘in the interest of justice.’ ” Ex parte Indiana Mills & Mfg., Inc., 10 So.3d 536, 539 (Ala.2008). Although we review a ruling on a motion to transfer to determine whether the trial court exceeded its discretion in granting or denying the motion, id., where “the convenience of the parties and witnesses or the interest of justice would be best served by a transfer, § 6-3-21.1, Ala.Code 1975, compels the trial court to transfer the action to the alternative forum.” Ex parte First Tennessee Bank N.at’l Ass’n, 994 So.2d 906, 912 (Ala.2008) (emphasis added).’
“Ex parte Wachovia Bank, N.A., 77 So.3d 570, 573 (Ala.2011).”

Ex parte Wattman, 116 So.3d 1111, 1114 (Ala.2013).

Discussion

State Farm contends that the trial court exceeded the scope of its discretion in refusing to transfer this action from Clarke County to Mobile County because, it says, both the “convenience of parties and witnesses” and the “interest of justice” prongs of the doctrine of forum.non conve-niens compel the transfer of this action to Mobile County. It is undisputed that venue of this action is proper both in Clarke County and in Mobile County.

Section 6-3-21.1, Ala.Code 1975, provides, in pertinent part:

“With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein.”

(Emphasis added.)

“Essentially, the doctrine of forum non conveniens allows a court that has jurisdiction and that is located where venue is proper to refuse to exercise its jurisdiction when, for the convenience of the parties and witnesses, and in the interests of justice and judicial economy, the case could be more appropriately tried in another forum. The prevailing question of whether a case should be entertained or dismissed depends upon the facts of the particular case and is addressed to the sound discretion of the trial judge. In determining whether to exercise or decline to exercise jurisdiction, the trial judge should consider the location where the acts giving rise to the action occurred, the relative ease of access to sources of proof, the location of the evidence, the availability of compulsory process for the attendance of unwilling witnesses, the cost of obtaining the attendance of willing witnesses, the possibility of a view of the premises, if a view would be appropriate to the action, and any other matter in order to assess the degree of actual difficulty and hard[1086]*1086ship that would result to the defendant in litigating the case in the forum chosen by the plaintiff. If, with an eye toward the goal of achieving a fair trial and after weighing all of the pertinent factors, the judge finds that the balance is strongly in favor of the defendant, he may decline to exercise jurisdiction and dismiss the complaint. Ex parte Southern Ry., 556 So.2d 1082 (Ala.1989); Ex parte Auto-Owners Ins. Co., [548 So.2d 1029 (Ala.1989) ].”

Ex parte Beiu-Acadia, Ltd., 566 So.2d 486, 488 (Ala.1990). However, this Court has recognized that although the trial court exercises discretion in ruling 'on a motion to transfer based on forum non conve-niens, “the Legislature in adopting § 6-3-21.1, intended to vest in the trial courts, the Court of Civil Appeals, and this Court the power and the duty to transfer a cause when ‘the interest of justice’ requires a transfer.” Ex parte First Family Fin. Servs., Inc., 718 So.2d 658, 660 (Ala.1998). In Ex parte Indiana Mills & Manufacturing, Inc., 10 So.Bd 536, 542 (Ala.2008), we further explained:

“[Although the trial court ‘has a degree

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149 So. 3d 1082, 2014 WL 803174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-spray-ala-2014.