Ex Parte Smith

Matthew B. Smith petitions the Court for a writ of mandamus to the Honorable Daniel B. Banks, Jr., Judge of the Madison Circuit Court, directing him to vacate his order of February 5, 1988, transferring a case from the Madison Circuit Court to the Lauderdale Circuit Court. The relevant facts are as follows:

On November 24, 1987, Smith filed a three-count complaint against KJ R, Inc., in Madison Circuit Court. The complaint alleged breach of contract and fraud, and contained a count for work and labor done.

On December 15, 1987, the defendant filed a motion to dismiss or, in the alternative, to…