Trial Court Proceedings

On December 1, 2023, Nucor Harris Rebar South, LLC (Nucor), filed a declaratory complaint seeking to determine whether workers’ compensation benefits were owed to Anthony Chapman.

In its complaint, Nucor stated that venue was proper in the St. Clair Circuit Court. On Thursday, January 9, 2025, at 8:28 p.m., Chapman filed a motion to transfer venue to the Jefferson Circuit Court pursuant to Ala. Code § 6-3-21.1(a).

The St. Clair Circuit Court granted Chapman’s motion the following Monday, January 13, 2025, before Nucor had filed any response to Chapman’s motion.

Nucor then filed a petition for a writ of mandamus with the Alabama Supreme Court on February 14, 2025, which transferred the petition to the Court of Civil Appeals.

Appeal and Issues Raised

Nucor filed a petition for a writ of mandamus, arguing that the St. Clair Circuit Court erred by failing to allow it a reasonable opportunity to respond in opposition to Chapman’s motion.

Court’s Analysis and Ruling

The Court accepted Nucor’s argument, finding this case to procedurally resemble Burgess, 298 So. 3d 1080, 1082 (Ala. 2020), which held that a trial court “at minimum” must provide the opposing party a reasonable opportunity to respond to a motion to transfer venue. In Burgess, a motion to transfer that was filed on a Friday was granted the following Monday.

Because the St. Clair Circuit Court, like the trial court in Burgess, did not provide a reasonable opportunity for Nucor to respond, the Court held that St. Clair Circuit Court had exceeded its discretion.

Decision

The Court of Civil Appeals granted the petition for writ of mandamus, directing the St. Clair court to vacate its transfer order and conduct further proceedings to determine the merits of Chapman’s motion after allowing Nucor time to respond.