Ex Parte Chatmon

I concur in the main opinion. I write specially to note that this case arguably differs from Ex parte Daniels,941 So.2d 251 (Ala. 2006), in that Chatmon, in his August 2004 motion to dismiss, did assert that the Bessemer Division was "the proper place of venue for this action." However, according to our Supreme Court, improper venue is not a valid basis for the dismissal of a case if the case is capable of beingtransferred to "a court where venue would be proper."See Boshell v. Jasper Police Dep't, 558 So.2d 898, 899 (Ala. 1989). Thus, the trial court's November 2004 denial of the remedy of…