Legal Opinion · Dissent

Be-Jeweled, L.L.C. v. AIG Baker Orange Beach Wharf, L.L.C.

Supreme Court of Alabama

Decided January 9, 2009No. 1071345Published

1DissentMurdock, Justice

When a case is filed in an improper venue, the court in that venue, at least initially, has no authority to hear and decide that case. By the same token, such a court is not the proper court to make discretionary decisions regarding the management or prosecution of the case, including the discretionary decision of which of two or more other venues ought to receive the case under the doctrine of forum non conveniens. Cf. Ex parte Miller, Hamilton, Snider & Odom, LLC, 978 So.2d 12, 15-16 (Ala.2007) (Murdock, J., dissenting) (“[W]hen a case is pending in a court that has no authority over it…

2Cases cited11 opinions

  1. Smith v. Equifax Services, Inc.Supreme Court of Alabama · 1988
  2. Liberty Nat. v. Univ. of Ala. Health Servs.Supreme Court of Alabama · 2003
  3. Ex Parte TownsendSupreme Court of Alabama · 1991
  4. Ex Parte CTB, Inc.Supreme Court of Alabama · 2000
  5. Ex Parte New England Mut. Life Ins. Co.Supreme Court of Alabama · 1995

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