although rule 82(c) does state alabama's principle of ancillary venue, as the defendants point out the rule explicitly discusses intercounty venue issues, not venue issues as between judicial divisions of a county.">

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Ex parte Haynes downard Andra & Jones

7/29/2005

nced in a proper county, additional claims and parties may be joined, pursuant to Rules 13, 14, 22, and 24, as ancillary thereto, without regard to whether that county would be a proper venue for an independent action on such claims or against such parties."


Although Rule 82(c) does state Alabama's principle of ancillary venue, as the defendants point out the rule explicitly discusses intercounty venue issues, not venue issues as between judicial divisions of a county. The issue before this Court is not whether these claims are properly within Jefferson County; the issue rather is whether the claims arising out of conduct that occurred in the Birmingham Division may be properly brought within the Bessemer Division.


As we explained in Southeastern Meats of Pelham, Inc. v. City of Birmingham, 895 So. 2d 909, 913 (Ala. 2004):


"' he construction of rules of court are for the court which promulgated them.' Alabama Public Serv. Comm'n v. Redwing Carriers, Inc., 281 Ala. 111, 115, 199 So. 2d 653, 656 (1967). 'We start with the basic premise that words used in court rules must be given their plain meaning.' Nieto v. State, 842 So. 2d 748, 749 (Ala. Crim. App. 2002). In construing a rule promulgated by this Court, effect must be given to 'each word, phrase, and clause.' State v. Old West Bonding Co., 203 Ariz. 468, 471, 56 P.3d 42, 45 (Ct. App. 2002)."



We must, therefore, give effect to the choice of words in Rule 82(c), which provides for ancillary venue only between counties, not within a county. Concluding, then, that the principle of ancillary venue does not apply to the separate divisions of a county, we hold that any claim against a party arising in Jefferson County that does not arise within the Bessemer Division of the Jefferson Circuit Court is subject to transfer to the Birmingham Division under Ala. Code 1975, § 12-11-11.


RockSolid next argues that its claims against Haynes Downard arise in the Bessemer Division because " n this case, the alleged wrongs occurred, at least in part, in the Bessemer Division," inasmuch as RockSolid's "injuries occurred in Bessemer where RockSolid failed, and therefore [RockSolid's] cause of action arose there." (RockSolid's brief, p. 11.) In Walter Industries, this Court quoted as controlling the following passage from Ex parte Fields, 432 So. 2d 1290, 1292-93 (Ala. 1983):


"'In Seaboard Surety Co. [v. William R. Phillips & Co., 279 Ala. 510, 187 So. 2d 264 (1966)], this court applied the general principles regarding the place where a cause of action arises as expressed in 92 C.J.S. Venue § 80, in determining the jurisdiction of the Bessemer Division. This court said:



"'"At 92 C.J.S. Venue § 80, p. 776, speaking of statutes fixing venue as the county 'where the cause of action arises' it is noted:



"'"'A cause of action, within the meaning of statutes fixing the venue as the county where the cause of action arises has been said to consist of a duty on the part of one toward another and the violation or breach of that duty, or of plaintiff's primary right and the act or omission of defendant.... It arises when that is not done which should have been done, or that is done which should not have been done.... he cause of action accrues in the county in which defendant's wrongful act was done.'



"'"Relating these general principles to the case at hand, it seems reasonable to us ... that ... the cause of action 'arose' within the meaning of the Bessemer Division Act within the Bessemer Division."




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