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Tuesday, June 16, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 8 NFP memorandum decisions)

For publication opinions today (1):

In Joan Strozewski v. James Strozewski, a 6-page opinion, Judge Kirsch writes:

In this interlocutory appeal, Joan Strozewski (“Joan”) challenges the trial court’s order denying her motion to transfer the case to St. Joseph County, Indiana. She raises several issues, of which we find the following dispositive: whether the trial court erred in finding that Hamilton County, Indiana, where James Strozewski (“James”) filed his petition for dissolution of marriage, was a preferred venue pursuant to Indiana Trial Rule 75 and in denying Wife’s motion to transfer venue. * * *

Joan’s contentions focus on special venue statutes, but the plain language of Trial Rule 75(A)(8) states that preferred venue lies in “the county where a claim in the plaintiff’s complaint may be commenced under any statute recognizing or creating a special or general remedy or proceeding[.]” As provided above, a dissolution action is a proceeding created and recognized by statute. We, therefore, conclude that, under Trial Rule 75(A)(8), Hamilton County is a preferred venue for this dissolution action, and although preferred venue may lie in more than one county, if an action is filed in a county of preferred venue, change of venue cannot be granted. Muneer, 951 N.E.2d at 243. The trial court did not err in denying Joan’s motion to transfer venue. Affirmed.

NFP civil decisions today (3):

In the Matter of the Termination of the Parent-Child Relationship of: M.Y. and M.Y. (Minor Children), J.P. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

In the Matter of the Guardianship of M.B., Mariea L. Best v. Russell C. Best (mem. dec.)

Nancy Jo L. Coles v. Robert Nelson Coles, Jr. (mem. dec.)

NFP criminal decisions today (5):

William Clayton Jackson v. State of Indiana (mem. dec.)

Antelmo Juarez v. State of Indiana (mem. dec.)

Justin McIntosh v. State of Indiana (mem. dec.)

Anthony M. Cleveland v. State of Indiana (mem. dec.)

Michael Shanklin v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on June 16, 2015 10:57 AM
Posted to Ind. App.Ct. Decisions