The Alabama Supreme Court issued its weekly release list on Friday, September 26, which included two opinions of interest to the Alabama business community:
Ex parte Rivers – Plaintiffs sued two LLCs in the Mobile Circuit Court, relying on the venue statute applicable to corporations, § 6-3-7. The LLCs filed a motion to transfer venue to a county where several of their members resided, arguing that the action was governed by the venue statute applicable to individuals, § 6-3-2. The circuit court transferred venue, and the plaintiffs filed a petition for writ of mandamus. The Supreme Court granted the petition and directed the Mobile Circuit Court to vacate its order transferring venue. It overruled a line of cases applying § 6-3-2 and instead held that § 6-3-7 governs venue in actions against LLCs, adopting Justice Mitchell’s reasoning in a 2022 concurrence.
Ex parte M.D.D. – The Alabama Supreme Court strictly enforces waiver and forfeiture rules, and an opinion today should serve as a stark warning to litigants in the Alabama appellate courts. A man convicted of raping his daughter filed a post-conviction claim that the State withheld exculpatory evidence. He prevailed in the trial court, but the Court of Criminal Appeals reversed. However, the Alabama Supreme Court concluded that the State had failed to raise the argument relied upon by the Court of Criminal Appeals to deny relief. It therefore reversed and remanded in a unanimous opinion, with Justice McCool recusing.
