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State ex rel Trans World Airlines3/15/2005
means of a simple notarization. From the date when the motion was filed, July 7, 2003, until the date of the hearing, December 8, 2003, TWA had an additional 154 days to seek leave to amend so it would have filed a proper motion for transfer. From the date of the motion hearing, December 8, 2003, until the date when the court issued its order, March 9, 2004, TWA had an additional 91days to seek leave of the court to perfect its motion. In total, TWA had 1153 days (3 years and 58 days) to contemplate, prepare, draft, and perfect its two-page motion for transfer and its two-page affidavit.
Lacking any applicable law or court rules, the principal opinion references Rule 55.33, having no application to motions, and a version of Rule 51.045, not in effect at the time of the trial court's ruling, in order to support its decision. The opinion miraculously concludes that TWA showed "good cause" to justify its late filing of an affidavit in support of its transfer motion, whereas a simple "reality check" confirms that TWA's extremely prolonged failure to file a supporting affidavit for its motion could not even remotely constitute "good cause." Apparently, under the principal opinion's analysis, non-compliance with the rules of procedure and evidence is excusable upon request of an extraordinary writ.
TWA simply failed to file a proper motion for transfer and as such waived venue. Under these facts, I would not find any abuse of discretion on the part of the trial judge for overruling TWA's motion to transfer or overruling its motion to amend the transfer motion to permit the outrageously late attempt at filing a supporting affidavit. I would quash the preliminary writ.
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