Delaney Exchange, LLC v. Engineering Design Group, LLC

I respectfully dissent. Generally, I do not believe a writ of mandamus is the proper vehicle to effect a change of venue under the doctrine of forum non conve-niens unless the petitioning party has positively proven that the trial court has exceeded its discretion by arbitrarily and capriciously refusing to transfer the'action to another forum. Ex parte Transportation Leasing Corp., 128 So.3d 722, 733-34 (Ala.2013)(Moore, C.J., dissenting); Ex parte Allied-Signal, Inc., 561 So.2d 1062, 1064 (Ala.1990)(“All of [the mandamus factors] must be ‘positively found’ to justify dismissal.... ”); and…