Dismiss, Motion to (Venue or Transfer)

Except as indicated, all indented material is copied directly from the court’s opinion. 

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals

Washington v. Tony Parker as Commissioner of the Tennessee Department of Corrections, No. M2021-00583-COA-R3-CV, p. 5 (Tenn. Ct. App. May 9, 2022).

The issue of whether venue is proper is a question of law that we review de novo with no presumption of correctness. Lanius v. Nashville Elec. Serv., 181 S.W.3d 661, 663 (Tenn. 2005); Ellis v. Minder Music Ltd., No. W2010-01023- COA-R3-CV, 2011 WL 3848627, at *3 (Tenn. Ct. App. Aug. 31, 2011) (“The determination of whether venue is proper is a question of law, reviewed de novo with no presumption of correctness.”).

Washington v. Tony Parker as Commissioner of the Tennessee Department of Corrections, No. M2021-00583-COA-R3-CV, p. 5 (Tenn. Ct. App. May 9, 2022).

Tenn. Code Ann. § 16-1-116 provides that if a trial court lacks jurisdiction over a case, the trial court should transfer the action to the proper court “if it is in the interest of justice.” A trial court’s decision whether to transfer venue in a particular case is reviewed under an abuse of discretion standard. See Pack v. Ross, 288 S.W.3d 870, 874 (Tenn. Ct. App. 2008) (“[T]ransfers under Tenn. Code Ann. § 16-1-116 are discretionary.”); Turner v. State, 184 S.W.3d 701, 705 (Tenn. Ct. App. 2005) (holding that a transfer under section 16-1-116 is not automatic but requires the trial court to determine, “in its discretion, whether the transfer is warranted”). As previously stated, we will not substitute our judgment for that of the Trial Court. See Borne, 532 S.W.3d at 294. “A trial court abuses its discretion only when it applies an incorrect legal standard, or reaches a decision which is against logic or reasoning that causes an injustice to the party complaining.” Id. (internal quotation marks, brackets, and citations omitted).

Baskin v. Pierce & Allred Contruction, Inc., No. M2021-00144-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2022).

The issue of whether venue is proper in the trial court is likewise a question of law subject to our de novo review. Kampert, 2010 WL 4117146, at *2; Cohn Law Firm v. YP Se. Advertising & Publishing, 2015 WL 3883242, at *3 (Tenn. Ct. App. June 24, 2015) (“The procedural analysis and standards applied in deciding a motion to dismiss for improper venue are generally the same as in deciding a motion to dismiss for lack of personal jurisdiction.”) (quoting 32A Am.Jur.2d Federal Courts § 1202).