Garner v. Wolfinbarger

Citation. 433 F.2d 117 (1970)

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Citation433 F.2d 117 (1970)

Brief Fact Summary.

Garner (plaintiff) sued Wolfinbarger (defendant) for violation of state and federal security laws.

Synopsis of Rule of Law.

Transfer of venue is not appealable under U.S.C. 1292.

Points of Law - Legal Principles in this Case for Law Students.

We are of the view that § 1292 (b) review is inappropriate for challenges to a judge's discretion in granting or denying transfers under § 1404(a).

View Full Point of Law

Garner (plaintiff) sued Wolfinbarger (defendant) for violation of state and federal security laws in the northern district of Alabama. Under U.S.C 1404 the court transferred the case to the southern district of Alabama. The plaintiff argued that since he was alleging violation of security laws that he could choose the forum where the case was to be heard, and appealed the court’s decision, under U.S.C. 1292.

Issue.

Whether Transfer of venue is appealable under U.S.C. 1292.

Held.

No. Transfer of venue is not appealable under U.S.C. 1292.

Concurrence.

Not all decisions to transfer venue are not appealable.

Discussion.

Plaintiffs are not entitled to have a district court’s decision to transfer a case to another venue heard by an appellate court. Interlocutory appeals under 1292 are only permitted if the decision is one in a controlling area of law where there can be a vast difference of opinion. Grants and denials of requests for transfer of venue or not, and they cannot be appealed.