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T.B. Davis Contractors, Inc. v. Travis
Citations: 573 So. 2d 281; 1990 Ala. LEXIS 1125; 1990 WL 255858Docket: 89-1722
Court: Supreme Court of Alabama; December 20, 1990; Alabama; State Supreme Court
Y.E. Travis, as an individual and general partner of Boat Storage, Ltd., is a defendant in a lawsuit initiated by T.B. Davis Contractors, Inc. in Tallapoosa Circuit Court, seeking a writ of mandamus to compel Judge Howard F. Bryan to vacate his order denying a motion to transfer the case to Elmore County. The lawsuit arose from a contractual dispute regarding the construction of a boat storage facility by Davis for Boat Storage, located in Elmore County, which Boat Storage leases from Alabama Power Company. Davis is claiming breach of contract and intentional interference with business relationships, alongside enforcing a mechanic’s lien under Ala.Code 1975, § 35-11-212. Initially, Judge James Avary denied a motion to transfer the case, but indicated a willingness to reconsider if new evidence was provided. After Judge Avary's replacement by Judge Bryan, the latter also denied the transfer motion despite additional affidavits submitted by Travis and Boat Storage. The petitioners argue over the treatment of limited partnerships for venue purposes, but this issue is deemed non-dispositive. The relevant legal framework dictates that for actions involving real estate, venue must be in the county where the real estate is located, as outlined in Ala.Code 1975, § 6-3-2(b)(1) and Rule 82(b)(1)(B) of the Alabama Rules of Civil Procedure, which emphasize that all actions concerning real estate must be initiated in the county where the property is situated. The rule and statute in question have mandatory language, and a judge's failure to adhere to their directives constitutes an abuse of discretion. There appears to be an inconsistency between the mandatory provisions of Ala.Code 1975, 6-3-2(b)(1) and Rule 82(b)(1)(B), and the liberal joinder provision in Rule 82(c). However, both the statute and the rule are clear that actions involving real estate must be initiated in the county where the real estate is located, regardless of whether it's the exclusive subject matter of the action. In the case of Davis's mechanic’s lien claim against Travis, venue was only proper in Elmore County. Consequently, the trial court's denial of motions for transfer from Travis and Boat Storage was an abuse of discretion. The court granted the petition for writ of mandamus, ordering the trial court to vacate its previous orders and transfer the case to Elmore County. Additionally, actions to enforce statutory mechanic’s liens are considered equitable remedies.