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Strozewski v. Strozewski

Court of Appeals of Indiana

June 16, 2015

Joan Strozewski, Appellant-Respondent,
v.
James Strozewski, Appellee-Petitioner

Interlocutory Appeal from the Hamilton Circuit Court. The Honorable Paul A. Felix, Judge. Cause No. 29C01-1408-DR-8085.

ATTORNEY FOR APPELLANT: Bruce D. Huntington, Botkin & Hall, LLP, South Bend, Indiana.

ATTORNEY FOR APPELLEE: Elizabeth A. Eichholtz, Hollingsworth & Zivitz, P.C., Carmel, Indiana.

Kirsch, Judge. Vaidik, C.J., and Bradford, J., concur.

OPINION

Kirsch, Judge.

[¶1] 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.

[¶2] We affirm.

Facts and Procedural History

[¶3] Joan and James married in 1970. On August 15, 2014, James filed a petition for dissolution of marriage in Hamilton County, Indiana. Both parties are lifelong residents of Indiana. Joan is a resident of St. Joseph County. At the time he filed his petition, James had lived in Hamilton County for at least three months prior to the date of filing. The parties' marital residence is located in South Bend, Indiana, which is in St. Joseph County.

[¶4] On August 28, 2014, Joan filed an objection to James's petition, in which she argued that Hamilton County was not the preferred venue for the dissolution action under Indiana Trial Rule 75(A) and that the case should be transferred to St. Joseph County. After various responses, affidavits, and motions, a hearing was held to determine if Hamilton County was a county of preferred venue for the dissolution action. On December 5, 2014, the trial court issued an order denying Joan's motion to transfer the case to St. Joseph County and ordered the case to remain in Hamilton County. Joan now files this interlocutory appeal.

Discussion and Decision

[¶5] We review a trial court's order on a motion to transfer venue for an abuse of discretion. Comm'r of Labor v. An Island, LLC, 948 N.E.2d 1189, 1190 (Ind.Ct.App. 2011) (citing Trs. of Purdue Univ. v. Hagerman Constr. Corp., 736 N.E.2d 819, 820 (Ind.Ct.App. 2000), trans. denied ), trans. denied. An abuse of discretion occurs when a trial court's decision is clearly against the logic and effect of the facts and circumstances before the court, or when the trial court has misinterpreted the law. Id. at 1190-91. In the present case, the parties present a question of statutory interpretation. Interpretation of a statute is a question of law, which we review de novo. Wall v. Plummer, 13 N.E.3d 420, 422 (Ind.Ct.App. 2014). We first determine whether the statutory language is clear and unambiguous on its face. Town of Bristol v. Cappelletti, 908 N.E.2d 1203, 1204 (Ind.Ct.App. 2009). If it is, we will not interpret the statute, but will hold the statute to its clear and plain meaning. Id.

[¶6] When we interpret the statute, we attempt to determine and give effect to the intent of the legislature. Id. We determine the intent of the legislature, by reading the sections of an act together in order so that no part is rendered meaningless if it can be harmonized with the remainder of the statute. City of Carmel v. Steele, 865 N.E.2d 612, 618 (Ind. 2007). " The best evidence of legislative intent is surely the language of the statute itself." Prewitt v. State, 878 N.E.2d 184, 186 (Ind. 2007). We must give all words their plain and ordinary meaning unless otherwise indicated by statute. Id.

[¶7] Joan argues that the trial court erred in denying her motion to transfer the dissolution action to St. Joseph County and in determining that Hamilton County is a county of preferred venue for the case. She contends that Hamilton County is not the county of preferred venue for this action because it does not meet the criteria set forth in Indiana Trial Rule 75(A). Instead, Joan asserts that St. Joseph is the county of preferred venue pursuant to Trial Rule 75(A) and that the trial court was required to transfer the ...


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