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SUPREME COURT OF ALABAMA
OCTOBER TERM, 2010-2011 ____________________ 1090866 ____________________ Ex parte Tyson Chicken, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Anna Ruth Guyton v. Tyson Chicken, Inc.) (Etowah Circuit Court, CV-09-900357) PARKER, Justice. Tyson Chicken, Inc. ("Tyson"), petitioned this Court for a writ of mandamus directing the Etowah Circuit Court to transfer the worker's compensation action brought by Anna Ruth

1090866 Guyton to the Marshall Circuit Court where, it says, venue is proper. Facts and Procedural History The facts of this case, as described in Etowah by Tyson, was are an

undisputed.

Guyton,

who

lived

County,

employee of Tyson's at its production facility in Marshall County. job, On August 5, 2009, she was apparently injured on the she subsequently on filed a claim 2009, for in worker's Etowah

and

compensation

benefits

August

19,

the

Circuit Court. Tyson filed its answer on August 21, 2009, asserting, among other things, that venue in Etowah County was improper. On September 15, 2009, Tyson filed a motion to transfer the action to Marshall County. Guyton argued in response that her

residence in Etowah County made venue there proper. Tyson's motion was denied on October 26, 2009. court's order reads in full: "It appearing that The trial [Guyton]

resides in Etowah County, [Tyson's] Motion to Transfer Venue is hereby DENIED." a writ Tyson of petitioned the Court of Civil the

Appeals

for

mandamus.

That

court

denied

petition without an opinion on March 11, 2010.

Ex parte Tyson

2

1090866 Chicken, Inc. (No. 2090197, March 11, 2010), __ So. 3d __ (Ala. Civ. App. 2010)(table). Tyson subsequently petitioned

this Court for a writ of mandamus directing the Etowah Circuit Court to transfer the case to the Marshall Circuit Court. grant the petition and issue the writ. Standard of Review "'The proper method for obtaining review of a denial of a motion for a change of venue in a civil action is to petition for the writ of mandamus.' Ex parte Alabama Great Southern R.R., 788 So. 2d 886, 888 (Ala. 2000). 'Mandamus is a drastic and extraordinary writ, to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court.' Ex parte Integon Corp., 672 So. 2d 497, 499 (Ala. 1995). Moreover, our review is limited to those facts that were before the trial court. Ex parte National Sec. Ins. Co., 727 So. 2d 788, 789 (Ala. 1998). "'The burden of proving improper venue is on the party raising the issue and on review of an order transferring or refusing to transfer, a writ of mandamus will not be granted unless there is a clear showing of error on the part of the trial judge.' Ex parte Finance America Corp., 507 So. 2d 458, 460 (Ala. 1987). In addition, this Court is bound by the record, and it cannot consider a statement or evidence in a party's brief that was not before the trial court. Ex parte American Res. Ins. Co., 663 So. 2d 932, 936 (Ala. 1995)." We

3

1090866 Ex parte Pike Fabrication, Inc., 859 So. 2d 1089, 1091 (Ala. 2002). As burden the of party moving for that the transfer, in Tyson has the was

demonstrating

venue

Etowah

County

improper. Once Tyson made that prima facie showing, the burden then shifted to Guyton to rebut Tyson's prima facie showing. See Ex parte Movie Gallery, Inc., 31 So. 3d 104, 109 (Ala. 2009). Discussion The sole issue in this case is whether Tyson does

business in such a way in Etowah County as to make venue proper there. Venue in the courts of this State is a matter

of statute, not judicial discretion. See

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