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Wednesday, April 13, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 7 NFP memorandum decision(s))

For publication opinions today (1):

In Michael Garrison and Janet Garrison v. Elesha Ford and United Farm Family Mutual Insurance Company , a 6-page opinion, Judge Bailey writes:

Michael and Janet Garrison (“the Garrisons”) bring an interlocutory appeal as of right,1 challenging a change of venue from Marion County to Johnson County of heir complaint against Elesha Ford (“Ford”) for personal injury and property damages and against United Farm Family Mutual Insurance Company (“Farm Bureau”) in relation to underinsured motorist coverage. The Garrisons present the sole issue of whether their complaint, filed in the county where defendant Farm Bureau maintains its resident agent, was subject to a change of venue to another county of preferred venue. We reverse and remand. * * *

We do not employ a separate rule for the sake of convenience, as Farm Bureau suggests. “The balance of convenience, even if it were an explicit factor, is not sufficient to disturb the plaintiffs’ selection of a forum that meets preferred venue requirements.” Meridian Mut. Ins., 671 N.E.2d at 864. We are obligated to follow precedents established by the Indiana Supreme Court. Patton v. State, 507 N.E.2d 624, 626 (Ind. Ct. App. 1987), trans. denied. We hold that the Marion County court had no authority to transfer the case to a different county.

Conclusion. Marion County, where the Garrisons filed their complaint, is a preferred venue. As such, the Marion County Superior Court erred in granting the motion for a change of venue.

NFP civil decisions today (1):

Tim Johnson v. Julie Johnson (mem. dec.)

NFP criminal decisions today (6):

Christopher Bell v. State of Indiana (mem. dec.)

Christopher D. Manley v. State of Indiana (mem. dec.)

Arcine Cook v. State of Indiana (mem. dec.)

Scott Afanador v. State of Indiana (mem. dec.)

Cameron L. Kizer v. State of Indiana (mem. dec.)

Thomas Moore v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 13, 2016 11:09 AM
Posted to Ind. App.Ct. Decisions