State Ex Rel. McDonald's Corp. v. Bryant

LAWRENCE E. MOONEY, Presiding Judge.

Relator, McDonald’s Corporation, filed its petition for a writ of prohibition or, in the alternative, a writ of mandamus. Relator argued that the respondent judge erred in not granting its motion to transfer venue. We issued a preliminary order in prohibition. Because the plaintiff in the underlying action, Martin McQuiller, failed to file a reply to relator’s motion to transfer venue, respondent had a duty to transfer the case to a court where venue is proper. The preliminary order in prohibition is made absolute.

In November 2003, McQuiller filed his…