private factors in Tennessee

2015See Bridgestone/Firestone, 138 S.W.3d at 207 .

2006The private factors which would be relevant to this case include: (1) the relative ease of access to sources of proof; (2) the availability of compulsory process for the attendance of unwilling witnesses; (3) and the cost of obtaining attendance of willing witnesses; (4) the enforceability of a judgment if obtained; and (5) “all other practical problems that make trial of a case easy, expeditious and inexpensive.” Bridgestone/Firestone, 138 S.W.3d at 207 (citations omitted).

2015At trial and on appeal, both parties focus on three of the applicable factors: (1) the relative ease of access to sources of proof; (2) the availability of compulsory process for the attendance of unwilling witnesses; (3) and the cost of obtaining attendance of willing witnesses. 2 See Zurich, 426 S.W.2d at 772 .

2012Zurick v. Inman, 426 S.W.2d 767, 772 (Tenn. 1968).

2008In re Bridgestone/Firestone, 138 S.W.3d at 207 (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 , 67 S.Ct. 839 , 91 L.Ed. 1055 (1947); Gonzalez v. Chrysler -5- Corp., 301 F.3d 377, 380 (5th Cir. 2002); Zurick v. Inman, 221 Tenn. 393, 403 , 426 S.W.2d 767, 772 (Tenn. 1968)).

2006If these factors weigh in favor of the moving party, then the court may dismiss the case.” Bridge-stone/Firestone, 138 S.W.3d at 207 (citing Gilbert, 330 U.S. at 508 , 67 S.Ct. 839 ; Gonzalez v. Chrysler Corp., 301 F.3d 377, 380 (5th Cir.2002); Zurich, 426 S.W.2d at 772 ).

1998In the case of Alexander Oil Co. v. City of Seguin, 825 S.W.2d 434, 436 (Tex.1991), the court stated, “[t]he only proper method for attacking the validity of a city’s annexation of territory is by quo war-ranto proceeding, unless the annexation is wholly void.” The Texas court found the ordinance valid, but recognized several instances in which annexation ordinances were held void through a private challenge, stating, “[t]he common trait in these cases is whether the municipality exceeded the annexation authority delegated to it by the Legislature.” Id. at 438 .

1998In the case of Alexander Oil Co. v. City of Seguin, 825 S.W.2d 434, 436 (Tex.1991), the court stated, “[t]he only proper method for attacking the validity of a city’s annexation of territory is by quo war-ranto proceeding, unless the annexation is wholly void.” The Texas court found the ordinance valid, but recognized several instances in which annexation ordinances were held void through a private challenge, stating, “[t]he common trait in these cases is whether the municipality exceeded the annexation authority delegated to it by the Legislature.” Id. at 438 .