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Ex Parte Wiginton5/7/1999
Ex parte Auto-Owners Ins. Co., 548 So. 2d 1029, 1030 (Ala. 1989) (quoting Ex parte Terry Lee Edgar, 543 So. 2d 682 (Ala. 1989)). Because of the conflicting state of the evidence on the issue whether any of the corporate defendants was doing business in Madison County when any of the alleged causes of action arose or when suit was filed, and because the parties claiming venue there had the burden of proof on this issue, we cannot say that Judge Fay abused his discretion in refusing to find venue in Madison County on the basis of any such doing of business. Further, because venue for the individual defendants is unequivocally proper in Franklin County under § 6-3-2, already quoted, and ancillary venue for the corporate defendants is proper in Franklin County under Rule 82(c), and Franklin County was Judge Fay's only alternative to Madison County, the transfer to Franklin County is a legal order and not an abuse of discretion. Our holding in this regard pretermits any Discussion of Judge Fay's alternative ruling--that, even assuming Madison County was a proper venue, he would transfer the case to Franklin County pursuant to § 6-3-21.1.
WRIT DENIED.
Hooper, C.J., and Maddox, Houston, Kennedy, Cook, See, Lyons, and Brown, JJ., concur.
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