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City of Carmel through its Redevelopment Commission v. Crider & Crider, Inc., and Hagerman Construction Corporation
988 N.E.2d 808
Ind. Ct. App.
2013
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Background

  • CRC appeals the trial court's denial of its motion to transfer venue from Allen County to Hamilton County.
  • Crider & Crider, Inc. sued Hagerman Construction Corp. and CRC for breach of contract and unjust enrichment in Allen County.
  • CRC and Hagerman's contract included a venue clause asserting Hamilton County as the proper venue for disputes.
  • Hagerman and Crider had a cross-claim against CRC, and the court treated the claims as intertwined.
  • The trial court ruled Allen County was a preferred venue under TR 75 and held the venue clause did not apply to Crider; CRC appealed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does venue lie in Hamilton County due to the venue clause? Crider: venue clause controls and TR 21(B) applies to joinder. CRC/Hagerman: TR 75 governs; Allen County is preferred venue. Hamilton County is the appropriate venue.
Does Trial Rule 21(B) apply to CRC as an originally-named defendant in the cross-claim? TR 21(B) should govern since claims are intertwined and conserve resources. CRCHam argued no application to CRC because original defendant. TR 21(B) applies to the entire matter.
Did the jury-demand by CRC in Allen County waive transfer rights? Jury demand does not waive venue transfer rights under Rule 12; not a waiver. Waiver arguments based on contract and jury demand may apply. No waiver; CRC could pursue transfer.

Key Cases Cited

  • Linky v. Midwest Midrange Sys., Inc., 799 N.E.2d 55 (Ind. Ct. App. 2003) (venue clauses can govern cross-cutting disputes when reasonable and just)
  • Ind. Lumbermens Mut. Ins. Co. v. Am. Log Homes, Inc., 774 N.E.2d 603 (Ind. Ct. App. 2002) (TR 21(B) conservation of resources and expeditious litigation)
  • Shanklin v. Shireman, 659 N.E.2d 640 (Ind. Ct. App. 1995) (motion on jury demand not a Rule 12 waiver of venue rights)
  • Phillips v. Scalf, 778 N.E.2d 480 (Ind. Ct. App. 2002) (standard of review for change of venue is abuse of discretion)
Read the full case

Case Details

Case Name: City of Carmel through its Redevelopment Commission v. Crider & Crider, Inc., and Hagerman Construction Corporation
Court Name: Indiana Court of Appeals
Date Published: May 23, 2013
Citation: 988 N.E.2d 808
Docket Number: 02A04-1208-PL-416
Court Abbreviation: Ind. Ct. App.