OPINION
I. Factual and Procedural Background
{1} Plaintiff-Appellant Barbara Stein sued Defendant-Appellee Alpine Sports for personal injuries sustained in a skiing accident, alleging that Alpine negligently mis-set the binding releases on their rental skis. Stein filed her complaint in Bernalillo County District Court, making no allegation of venue. Cf. Rule 1-008(A)(1) NMRA 1998. Alpine answered without raising improper venue as an affirmative defense, and counterclaimed for the value of the ski equipment Stein retained. Alpine asserts that it relied on the good faith and candor of Stein’s counsel and therefore believed that Stein had sufficient contacts with Bernalillo County to make it a proper venue under our statute. See NMSA 1978, § 38-3-1 (1988) (county in which district court civil action may be commenced).
{2} Stein and Alpine entered into the rental contract in Santa Fe County. It was Alpine’s only place of business, the place where the rental contract was performed, and was also the place where the accident occurred. After Alpine filed its answer, it discovered that Stein resided in Santa Fe County. Under these circumstances, the only proper venue for the case was in Santa Fe County.
{3} On the day the trial court entered judgment on the verdict, this Court issued its opinion in First Financial Trust Co. v. Scott, 1996 NMSC 065,
{4} We hold that the trial court correctly denied Stem’s Rule 1-060(B)(4) motion because the judgment was not void and Scott could not be retroactively applied to this case. Further, Stein was not otherwise entitled to equitable relief from the Santa Fe County judgment. We therefore affirm.
II. Analysis
A. The effect of Scott
{5} Stein argues that the transfer of venue based on forum non conveniens was error under our decision in Scott. In expressly overruling Frost, Scott held that our district courts are powerless to order intrastate forum non conveniens transfers of venue. Scott, 1996 NMSC 065, ¶ 18,
B. Standard of Review
{6} Our review of denial of a Rule 1-060(B) motion is generally for an abuse of discretion, unless the issue is one of law. See Dozier v. Dozier,
C. Retroactivity Analysis Under Beavers /Chevron Oil Factors
{7} The question of the retroactive effect of a judicial decision is controlled here by our decision in Beavers v. Johnson Controls World Services, Inc.,
[W]e adopt a presumption of retroactivity for a new rule imposed by a judicial decision in a civil case.... [T]he retroactivity presumption for judicial decisions can be overcome by an express declaration, in the case announcing the new rule, that the rule is intended to operate with modified or selective (or even, perhaps, pure) prospectivity .... Absent such a declaration, the presumption may be overcome by a sufficiently weighty combination of one or more of the Chevron Oil factors....
1. Presumption of retroactivity
{8} We apply the Beavers rule to Scott to determine whether Scott should be given retroactive effect. Since Scott did not expressly declare that its new rule should apply prospectively, we presume retroactivity unless Alpine shows that a “sufficiently weighty combination” of the Chevron Oil factors overcomes the presumption. We analyze these factors below.
2. The Chevron Oil factors
{9} The Chevron Oil factors that we adopted and applied in Beavers are those that can be weighed in testing the presumption of retroactivity:
First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.
Second, it has been stressed that “we must ... weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.”
Finally, we have weighed the inequity imposed by retroactive application, for “[wjhere a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases avoiding the ‘injustice or hardship’ by a holding of nonretroaetivity.”
Beavers,
3. Applying the Beavers/Chevron Oil factors
{10} An aspect of the first factor, whether a new principle of law has been announced by overruling past precedent, is present here. Overruling Frost, Scott expressly held, for the first time, that the doctrine of forum non conveniens “is inapplicable to motions to transfer a lawsuit intrastate from one county to another.” Scott,
{11} The second aspect of the first Chevron Oil factor requires determining the extent to which the parties or others have relied on the overruled precedent. As we stated in Beavers, “[t]he extent to which the parties in a lawsuit, or others, may have relied on the state of the law before a law-changing decision has been issued can hardly be overemphasized.”
{12} The second factor requires consideration of the new rule’s history, including its purpose and effect and whether retroactive application would further the rule’s purpose. The purpose of, or perhaps the reasoning behind, the rule in Scott is essentially to emphasize the separation of powers doctrine, and to recognize the right of the Legislature to determine proper venues. We held that courts lack the authority to order intrastate forum non conveniens because our venue statute explicitly identifies what venues are appropriate and grants the plaintiff the choice among these.
{13} Applying Scott retroactively here would violate the doctrine of separation of powers and disrespect the Legislature’s establishment of venue sites. The venue that Stein seeks is admittedly an improper one under the statute because neither Stein nor Alpine reside in Bernalillo County, the contract was not made there nor was it to be performed there, and the claim did not arise there. Cf. NMSA 1978, § 38-3-l(A) (1988). Thus, under the statute, Stein had no right to select Bernalillo County as a forum. To enforce the Scott rule retroactively would result in retrying the case in a forum that is one that the Legislature has deemed improper. Therefore, we would be retarding, not honoring, the legislative purpose by allowing the retroactive application of Scott. We refuse to do so.
{14} The third Chevron Oil factor is to assess the inequity of retroactive application. This factor also weighs heavily against retroactivity. We again recognize the reliance of Alpine and the trial court on New Mexico law at that time. Cf. Beavers,
{15} We conclude that together the Beavers/Chevron Oil factors weigh heavily against Scott’s retroactive application to this case. The facts here are “sufficiently weighty” to overcome the presumption of retroactivity.
D. Rule 1-060(B) analysis
{16} Finally, we note that the trial judge correctly denied Stein’s Rule 1 — 060(B) motion. First, Stein argues, without authority, that Rule 1 — 060(B)(4) requires that we set aside the judgment as void. This argument has no merit. Stein has not alleged or pointed to any evidence to support an allegation that the trial court failed to provide due process, lacked jurisdiction, or lacked the inherent power to try this case. Cf. Perry v. McLaughlin,
{17} Second, Stein argues that she is entitled to relief from the judgment under Rule 1 — 060(B)(6). The doctrine of unclean hands estops Stein from seeking such equitable relief. Rule 1-060(B)(6) is designed to apply only to exceptional circumstances, which, in the sound discretion of the trial judge, require an exercise of a “reservoir of equitable power” to assure that justice is done. See Resolution Trust Corp. v. Ferri,
{18} Further, we also note that Alpine argues that Stein intentionally failed to allege venue because she knew that Bernalillo County was not a proper venue. Alpine further asserts that this tactic violated Rule 1-008’s requirements because Stein neither asserted venue nor a good faith belief of venue. Alpine also contends that under Rule 1-011 there was no “good ground” to allege that Bernalillo County was a proper venue. We do not reach these arguments. We simply conclude that the district court did not err in declining to exercise its equitable powers.
Conclusion
{19} Our venue statute manifests an intent to allow plaintiffs a wide choice of proper forums. However, neither the statute nor Scott allows a plaintiff the privilege of selecting an improper forum. Neither will we retroactively apply Scott to achieve this result. The denial of Stein’s Rule 1-060(B) motion is affirmed.
{20} IT IS SO ORDERED.
Notes
. Our venue statute provides in relevant part:
All civil actions commenced in the district courts shall be brought and shall be commenced in counties as follows and not otherwise:
A. First, ... all transitory actions shall be brought in the county where either the plaintiff or defendant ... resides; or second, in the county where the contract sued on was made or is to be performed or where the cause of action originated ...; or third, in any county in which the defendant ... may be found in the judicial district where the defendant resides.
NMSA 1978, § 38-3-1(A) (1988).
. "The doctrine of forum non conveniens allows a court that has jurisdiction over the parties and subject matter involved to decline to exercise jurisdiction when trial in another forum 'will best serve the ends of justice.’ ’’ Marchman v. NCNB Texas Nat’l Bank,
. In Beavers we noted that the reliance interest is often strongest in questions of contract and property, and less strong in the tort context.