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763 So. 2d 946

Ex Parte Windom

Supreme Court of Alabama

Decided February 11, 2000

Supreme Court of Alabama · decided 2000-02-11

Cited by 15 later decisions — most recently June 2018

15 state decisions

Relies on Ex Parte Children's Hosp. of Alabama · Peavey & Brooks International, Inc. v. Nichols · 507 So. 2d 492 - Ex Parte McMahan

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Decided 2000-02-11

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¶1

¶2Given the disputed issues of fact concerning whether Walker County is a proper venue for Ivey's civil action, I must conclude that Ivey is entitled to conduct limited discovery with respect to the question of proper venue, so that the trial court can determine whether the case should proceed in Walker County. SeeEx parte McMahan, 507 So.2d 492, 493 (Ala. 1987). The petitioner Windom has not made a clear showing that the trial court abused its discretion in not ruling on his motion to transfer (a motion based on claims of improper venue, Ala. Code 1975, § 6-2-3, and, alternatively, the doctrine of forumnonconveniens, § 6-3-21.1) or in denying his motion to stay all discovery pending a ruling on that motion; therefore, I must concur in denying the petition for the writ of mandamus. See Exparte Nichols, 757 So.2d 374 (Ala. 1999); Ex parteChildren's*951Hosp. of Alabama, 721 So.2d 184,186 (Ala. 1998).

¶3HOUSTON, J., concurs.

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