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Ex parte Haynes downard Andra & Jones7/29/2005
ined from a consideration of the whole act with reference to the subject matter to which it applies and the particular topic under which the language in question is found. The intent so deduced from the whole will prevail over that of a particular part considered separately."
Blair v. Greene, 246 Ala. 28, 30, 18 So. 2d 688, 689 (1944).
Given these principles, the original subject matter of § 6-3-7, and the subject of the amendatory act as described in its title, we can conclude only that the legislature intended the whole of § 6-3-7, as amended, to relate to venue for only corporate defendants and not to venue for natural persons or partnerships. Accordingly, regardless of what effect § 6-3-7(d) might have on the issue of venue for a corporate defendant sued on a cause of action arising in the Bessemer Division, it has no application to the issue of venue for the claims against Haynes Downard Andra & Jones, a limited liability partnership, and Jones, a natural person.
For all of these reasons, Haynes Downard has a clear right to have the claims asserted against it severed and transferred to the Birmingham Division of the Jefferson Circuit court, pursuant to § 12-11-11, Ala. Code 1975. We grant its petition and issue the writ of mandamus.
PETITION GRANTED; WRIT ISSUED.
Nabers, C.J., and See, Stuart, Smith, Bolin, and Parker, JJ., concur.
Lyons and Woodall, JJ., concur in part and concur in the result. LYONS, Justice (concurring in part and concurring in the result).
I concur fully in the main opinion except that portion addressing the interpretation of § 6-3-7(d). Because the main opinion correctly holds that § 6-3-7(d) applies only to corporations and not to partnerships or natural persons, I consider any discussion of the proper interpretation of that section to be unnecessary and therefore dicta.
Woodall, J., concurs.
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