Ex parte Ben-Acadia, Ltd., BEN-ACADI

• Decision Date: 13 July 1990
• Docket Number: LTD,BEN-ACADI
• Citation: 566 So.2d 486
• Parties: Ex parte(Re, et al. v. BENETTON S.p.A., an Italian corporation, et al.). 89-938.
• Court: Alabama Supreme Court

Page 486

566 So.2d 486

Ex parte BEN-ACADIA, LTD. (Re BEN-ACADIA, LTD., et al. v. BENETTON S.p.A., an Italian corporation, et al.).

89-938.

Supreme Court of Alabama.

July 13, 1990.

N. Lee Cooper, Tony G. Miller, Mark Strength and Jeffrey M. Grantham of Maynard, Cooper, Frierson & Gale, Birmingham, for petitioner.

Warren B. Lightfoot, Jere F. White, Jr. and Michael L. Bell of Lightfoot, Franklin, White & Lucas, Birmingham, and Michael L. Edwards and Jonathan S. Harbuck of Balch & Bingham, Birmingham, for respondent.

HOUSTON, Justice.

Ben-Acadia, Ltd. ("Ben-Acadia"), a Louisiana corporation engaging exclusively in the retail sale of the Benetton line of merchandise, with its principal place of business in Lafayette, Louisiana, and two Alabama retailers, Benedot, Inc., and Al-Ben, Inc., filed suit in Jefferson County Circuit Court against Benetton S.p.A., an Italian corporation doing business in Jefferson County; Gilberto Casagrande, an Italian citizen temporarily residing in Louisiana; Dixieben, Inc., a Louisiana corporation headed by Casagrande, acting as a sales representative for Benetton S.p.A. in Jefferson County, with its principal place of business in New Orleans, Louisiana; and a number of companies alleged to be subsidiaries of Benetton, S.p.A., all of which are also alleged to be either Italian companies doing business in Jefferson County or corporations organized under the laws of other states, doing business in Jefferson County. The plaintiffs alleged fraud, breach of contract, breach of fiduciary duties, defamation, and conspiracy. ¹ Arguing that Louisiana would be a more appropriate forum in which to try Ben-Acadia's suit, the defendants moved to dismiss Ben-Acadia under the doctrine of forum non conveniens, Ala.Code 1975, § 6-5-430. The trial judge, the Honorable Charles R. Crowder, granted that motion. Ben-Acadia then filed this petition for a writ of mandamus directing the trial judge to reinstate it as a plaintiff in the suit. For the following reasons, the writ is denied.

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. In cases involving the exercise of discretion by a lower court, a writ of mandamus may issue to compel the exercise of that discretion; however, it may not issue to control the exercise of discretion except in a case of abuse. Ex parte Auto-Owners Ins. Co., 548 So.2d 1029 (Ala.1989).

Essentially, the doctrine of forum non conveniens allows a court that has jurisdiction and that is located where venue is proper to refuse to exercise its jurisdiction when, for the convenience of the parties and witnesses, and in the interests of justice and judicial economy, the case could be more appropriately tried in another forum. The prevailing question of whether a case should be entertained or dismissed depends upon the facts of the particular case and is addressed to the sound discretion of the trial judge. In determining whether to exercise or decline to exercise jurisdiction, the trial judge should consider the location where the acts giving rise to the action occurred, the relative ease of access to sources of proof, the location of the evidence, the availability of compulsory process for the attendance of unwilling witnesses, the cost of obtaining the attendance of willing witnesses, the possibility of a view of the premises, if a view would be appropriate to the action, and any other matter in order to assess the degree of actual difficulty and hardship that would result to the defendant in litigating the case in the forum chosen by the plaintiff. If, with an eye toward the goal of achieving a fair trial and after weighing all of the pertinent factors, the judge finds that the balance is strongly in favor of the defendant, he may decline to exercise jurisdiction and dismiss the complaint. Ex parte Southern Ry., 556 So.2d 1082 (Ala.1989); Ex parte Auto-Owners Ins. Co., supra.

As previously noted, Ben-Acadia is a Louisiana corporation, with its principal place of business in Lafayette, Louisiana. None of the communications and transactions that form the basis of its suit occurred in Alabama. The individual with whom Ben-Acadia primarily dealt, Gilberto Casagrande, is an Italian citizen temporarily residing in Louisiana and is president of Dixieben, a Louisiana corporation with its principal place of business in New Orleans, Louisiana. Casagrande dealt with Ben-Acadia in Louisiana. Although this case is apparently still in the early stages of discovery, it appears to us that none of the witnesses that might testify on behalf of the defendants...