Alabama Appellate Watch

Method and Scope of Review of an Order Denying a Motion to Transfer Venue

In Ex parte Smiths Water and Sewer Authority, No. 1050329 (Ala. Sept. 14, 2007), the Alabama Supreme Court reiterated that "the proper method for obtaining a review of a denial of a motion for a change of venue in a civil action is to petition for the writ of mandamus."  The court further restated the standard of review applicable to such rulings: "the scope of review is to determine if the trial court abused its discretion, i.e., whether it exercised its discretion in an arbitrary and capricious manner."
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