Banks v. Spray

MURDOCK,. Justice

(concurring in the result).

I previously have expressed concern as to the types of circumstances to which this Court in recent years has applied the “interest of justice” prong of our forum non conveniens statute. See, e.g., Ex parte Southeast Alabama Timber Harvesting, LLC, 94 So.3d 371, 377 (Ala.2012) (Mur-dock, J., dissenting). I write separately today to comment on the standard of appellate review now employed by this Court in such cases.

As the main opinion acknowledges, a trial court should employ the doctrine of forum non conveniens to transfer a case from a forum chosen…