Beaven v. McAnulty
Kentucky Supreme Court
1DissentWintersheimer, Justice
I must respectfiilly dissent from the majority opinion because I believe that existing precedent requires that venue decisions are not reviewable by means of an extraordinary writ and that the denial of such a writ of prohibition or mandamus by the Court of Appeals should be affirmed.
Skidmore v. Meade, Ky., 676 S.W.2d 793 (1984), correctly determined that a decision to transfer a ease on the grounds of forum non conveniens is not reviewable by a writ of mandamus.
The granting of mandamus is discretionary, and ordinarily is not available to question venue for the reasons that the remedy by…
2Cases cited3 opinions
- Pettit v. RaikesKentucky Supreme Court · 1993
- Fischer v. State Board of ElectionsKentucky Supreme Court · 1993
- Skidmore ex rel. Skidmore v. MeadeKentucky Supreme Court · 1984