951 N.E.2d 241
Ind. Ct. App.2011Background
- Shazi Muneer filed a petition for an order for protection against Muneer in Hendricks County, alleging threats during visits to Fort Wayne, Indiana.
- The petition was granted ex parte; Shazi resided in Hendricks County at the time of filing.
- Muneer, residing in Fort Wayne (Allen County), moved to transfer venue to Allen County, arguing preferred venue there.
- The trial court denied the transfer motion on December 8, 2010.
- Muneer appealed the denial; the appellate court granted jurisdiction to review the interlocutory order.
- The issue on appeal is whether the trial court abused its discretion in denying transfer under Trial Rule 75.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying venue transfer | Muneer: Allen County is preferred venue under TR 75(A)(8) | Muneer: venue should lie in Allen County due to residence and occurrence | No abuse; Shazi filed in a preferred venue under TR 75(A)(8) |
Key Cases Cited
- State Farm Ins. v. Freeman, 847 N.E.2d 1047 (Ind.Ct.App. 2006) (prima facie standard and burden on appellant for reversible error)
- American Family Ins. Co. v. Ford Motor Co., 857 N.E.2d 971 (Ind. 2006) (TR 75 governs preferred venues and multiple counties may contain preferred venue)
- Randolph County v. Chamness, 879 N.E.2d 555 (Ind. 2008) (preferred venue may lie in more than one county)
- MacLeod v. Guardianship of Hunter, 671 N.E.2d 177 (Ind.Ct.App. 1996) (subsection (8) incorporates special venue statutes into TR 75)
- An Island, LLC v. Commissioner of Labor, 948 N.E.2d 1189 (Ind.Ct.App. 2011) (TR 75(A)(8) does not apply to some wage-related actions)