Supreme Court of Alabama

Ex Parte 3m Company, Inc. (in Re Willard Stover v. Synagro-Wwt, Inc.) ex Parte Toray Fluorofibers…

February 5, 20102010 Ala. LEXIS 20

Summary

The court held that the statewide class action was filed in an improper venue because the named plaintiff neither resided in nor owned property in the selected county, and the property of unnamed putative class members could not establish venue. Because venue was improper, the trial court was required to transfer the action to a proper county selected by the defendants, making Morgan County the required destination. The court left the separately consolidated Gaston action in Franklin County because venue there was proper and consolidation did not merge the two actions.