Ex parte Elizabeth A. Morton. ( 2014 )


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  • MURDOCK, Justice

    (dissenting).

    For the reasons explained in my special writings in Ex parte Wachovia Bank, N.A., 77 So.3d 570, 576-78 (Ala.2011) (Murdock, J., dissenting), and Ex parte Autauga Heating & Cooling, LLC, 58 So.3d 745, 751-52 (Ala.2010) (Murdock, J., dissenting), I disagree with the proposition *303that Elizabeth A. Morton is entitled to a transfer of this action to Jefferson County-based on the “interest-of-justice prong” of § 6-3-21.1, Ala.Code 1975. Additionally, I am concerned that, notwithstanding its acceptance of Ex parte Coley, 942 So.2d 349 (Ala.2006), as a case decided under the convenience prong of § 6-3-21.1, some portions of the main opinion could be read as further expanding the field of operation of the interest-of-justice prong to include certain convenience-prong factors.

Document Info

Docket Number: 1130302

Judges: Parker, Stuart, Bolin, Shaw, Main, Wise, Bryan, Moore, Murdock

Filed Date: 8/29/2014

Precedential Status: Precedential

Modified Date: 10/19/2024