Ex parte Family Financial Services, Inc
In Ex parte Family Financial Services, Inc., 718 So. 2d 658 (Ala. 1998) the Court thoroughly analyzed the forum non conveniens statute and determined that the trial courts and this Court have "the power and the duty to transfer a cause when 'the interest of justice' requires a transfer." (718 So. 2d at 660.)
In that case, the plaintiff filed an action in the Marengo Circuit Court and the defendant moved for a transfer to the Dallas Circuit Court.
The Court found that the "interest of justice" required the transfer, based on the following facts: When the action was filed, the defendant did not maintain an office or keep documents in Marengo County; the plaintiff did not live in Marengo County; no meetings between the defendant and the plaintiff had occurred in Marengo County; all meetings between the plaintiff and employees of the defendant had occurred in Dallas County; and the defendant's office was located in Dallas County. (718 So. 2d at 662.)