948 N.E.2d 1189
Ind. Ct. App.2011Background
- Wage Claims Act claim filed in Marion Superior Court for unpaid wages by the Scialdones against Island.
- Island moved to dismiss for improper venue and sought transfer to Perry County.
- Trial court granted the motion and transferred venue to Perry County.
- Scialdones appeal the venue transfer as an abuse of discretion.
- Court agrees Perry County is the only preferred venue absent Marion as preferred; affirmed.
- No significant factual disputes; issue is purely legal regarding venue rules and statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perry County is the sole preferred venue for the Wage Claims Act claim. | Scialdones contend Marion County is also preferred under 22-2-9-4 and 75(A)(8). | Island argues 75(A)(8)/22-2-5-2 align with Perry as sole preferred venue; Marion not preferred. | No abuse; Perry County is the only preferred venue. |
Key Cases Cited
- State ex rel. Ind. State Bd. of Tax Comm'rs v. Ind. Chamber of Commerce, Inc., 712 N.E.2d 992 (Ind.Ct.App. 1999) (spirit of venue rules favors defendant's residence; preferred venue concept)
- Hollingsworth v. Key Benefit Administrators, Inc., 658 N.E.2d 653 (Ind.Ct.App. 1995) (venue principles favor defendant's location)
- In re Estate of Inlow, 735 N.E.2d 240 (Ind.Ct.App. 2000) (statutory interpretation guiding venue decisions)
- MacLeod v. Guardianship of Hunter, 671 N.E.2d 177 (Ind.Ct.App. 1996) (Trial Rule 75(A)(8) adopts special venue statutes into regulatory scheme)
- Trustees of Purdue University v. Hagerman Constr. Corp., 736 N.E.2d 819 (Ind.Ct.App. 2000) (abuse-of-discretion standard for venue transfers; pure questions of law reviewed de novo)