 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Ex parte Wiginton9/17/1999
their civil action in the Circuit Court for Madison County, they filed a claim with the same gravamen against the estate of Jerold Kennedy in the Probate Court of Franklin County. Under some circumstances, the location of related judicial proceedings is a factor to be considered on the issue of forum non conveniens. Ex parte Pearson Management Co., 667 So. 2d 48 (Ala. 1995), and Ex parte New England Mut. Life Ins. Co., 663 So. 2d 952 (Ala. 1995). The case before us could be an example of the utility of this factor if, for instance, the plaintiffs' claim against the estate of Jerold Kennedy in the Probate Court of Franklin County were to be removed or appealed to the Circuit Court for Franklin County under § 12-11-41 or § 43-2-354, Ala. Code 1975, where the Franklin County circuit Judge could consolidate those proceedings with this civil action for some purposes.
The plaintiffs argue that the prominence of the Kennedy family and the importance of the defendant Belmont-Mississippi as an employer in Franklin County will prevent the plaintiffs from being able to get a fair jury there. The mandamus petition materials before us do not show that the plaintiffs proved this contention factually to the trial Judge.
The trial Judge's decision on the issue of the convenience of the parties and witnesses in the case before us depended on an assessment of competing factual considerations. The materials before us show enough evidence supporting the transfer of this civil action to Franklin County to prevent us from finding an abuse of discretion. Accordingly, the writ is denied.
APPLICATION FOR REHEARING GRANTED; OPINION OF MAY 7, 1999, WITHDRAWN; OPINION SUBSTITUTED; WRIT DENIED.
Hooper, C.J., and Maddox, Houston, Cook, Lyons, and Brown, JJ., concur.
See, J., concurs in the result and concurs in part in the rationale.
SEE, Justice (concurring in the result and Concurring in part in the rationale).
I agree that the trial court properly transferred this civil action to Franklin County pursuant to Ala. Code 1975, § 6-3-21.1. Therefore, I concur in the result, the denial of the petition for the writ of mandamus.
Page 1 2 3 4 5 6 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|