Ex Parte Brookwood Health Services, Inc.

Brookwood Health Services, Inc. ("Brookwood"), appealed to the Montgomery Circuit Court from a decision of the Alabama State Health Planning and Development Agency ("SHPDA"). The Montgomery Circuit Court transferred the appeal to the Shelby Circuit Court, under the doctrine offorum non conveniens. Brookwood petitions for a writ of mandamus directing the Montgomery Circuit Court to set aside its transfer order, arguing that the court abused its discretion in entering that order. We grant the petition and issue the writ.

In May 1996, Brookwood applied for a certificate of need ("CON") to…