Victor Schroeder v. Christina G. Bell and Auto Owners Insurance Company (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: July 25, 2019
• Docket: 19A-CT-636
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 25 2019, 10:18 am

court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE Gabriel A. Hawkins Christopher L. Lafuse Indianapolis, Indiana Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Victor Schroeder, July 25, 2019 Appellant-Plaintiff, Court of Appeals Case No. 19A-CT-636 v. Appeal from the Marion Superior Court Christina G. Bell and Auto The Honorable Marc T. Owners Insurance Company, Rothenberg, Judge Appellees-Defendants Trial Court Cause No. 49D07-1901-CT-3379

Altice, Judge.

Case Summary

[1] This lawsuit arose from a motor vehicle accident between Victor Schroeder and

Christina Bell in Dubois County. Schroeder filed suit in Marion County

against both Bell and Auto-Owners Insurance Company (AOIC). Thereafter,

Court of Appeals of Indiana | Memorandum Decision 19A-CT-636 | July 25, 2019 Page 1 of 4 pursuant to Indiana Trial Rule 75, Bell filed a motion for change of venue from

Marion County to Dubois County, arguing that the former is not a county of

preferred venue in this case. The trial court granted the motion.

[2] On appeal, Schroeder contends, as he did below, that Marion County is a

county of preferred venue because AOIC’s registered agent is located there.

Our Supreme Court has just held otherwise in Morrison v. Vasquez, No. 19S-CT-

382 (June 27, 2019). Thus, the trial court properly granted the motion for

change of venue and ordered the case transferred to Dubois County.

[3] We affirm and remand.

Facts & Procedural History

[4] On January 24, 2019, Schroeder filed his complaint against Bell and AOIC. He

asserted a negligence claim against Bell and an underinsured motorist claim

against AOIC, as well as a declaratory judgment claim to determine the value

of AOIC’s subrogation claim. The parties do not dispute that AOIC is a foreign

corporation with its registered agent located in Marion County. Nor do the

parties dispute that the motor vehicle accident giving rise to the complaint

occurred in Dubois County. Schroeder filed the complaint in Marion County

“because AOIC’s registered agent is located in Marion County.” Appellant’s

Brief at 5.

[5] On February 25, 2019, Bell filed a motion for change of venue, seeking transfer

of the case to Dubois County. In her motion, Bell argued that, unlike Dubois

Court of Appeals of Indiana | Memorandum Decision 19A-CT-636 | July 25, 2019 Page 2 of 4 County, Marion County was not a preferred venue because the location of a

corporation’s registered agent no longer determines venue. Schroeder opposed

the motion and argued that AOIC was a foreign corporation and that the

location of its registered agent in Indiana established preferred venue in Marion

County. On March 14, 2019, the trial court granted Bell’s motion and

transferred the case to Dubois County. Schroeder now brings this interlocutory

appeal pursuant to Indiana Appellate Rule 14(A)(8).

Discussion & Decision

[6] In the last year, following the promulgation of new business corporation

statutes 1 that went into effect on January 1, 2018, the law became unsettled

regarding whether the location of a corporation’s registered agent still

established preferred venue under T.R. 75(A)(4). See Ind. Univ. Health S. Ind.

Physicians, Inc. v. Noel, 114 N.E.3d 479 (Ind. Ct. App. 2018) (holding that

location of defendant corporation’s registered agent was a preferred venue

under T.R. 75(A)(4)), trans. granted; Morrison v. Vasquez, 107 N.E.3d 1103 (Ind.

Ct. App. 2018) (holding that address of defendant corporation’s registered agent

did not determine preferred venue), trans. granted.

1 Most notably, Ind. Code § 23-0.5-4-12 provides: “The designation or maintenance in Indiana of a registered agent does not by itself create the basis for personal jurisdiction over the represented entity in Indiana. The address of the agent does not determine venue in an action or a proceeding involving the entity.”

Court of Appeals of Indiana | Memorandum Decision 19A-CT-636 | July 25, 2019 Page 3 of 4 [7] In a consolidated opinion issued on June 27, 2019, the Indiana Supreme Court

“clear[ed] up the confusion.” Morrison, slip op. at 3. The holding of the

majority of the Court could not be clearer:

We hold that a domestic organization’s actual principal office and not the location of its registered agent is the appropriate preferred venue. Further, we hold that in light of new business corporation statutes that define “principal office” and provide that the registered agent’s location does not determine venue, the location of the registered agent no longer determines preferred venue for either domestic or foreign corporations. We affirm the trial court in Morrison and reverse the trial court in Noel and remand both for further proceedings.

Id. at 8 (emphasis supplied).

[8] In the case at hand, Marion County – the location of AOIC’s registered agent –

does not determine preferred venue. Accordingly, we affirm the trial court’s

grant of Bell’s motion for change of venue and remand for transfer of the case to

Dubois County. 2

[9] Affirmed and remanded.

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

2 In passing, Schroeder asserts that Bell failed to present evidence in favor of her motion for change of venue. Schroeder did not make this argument to the trial court, likely because the facts were never in dispute and the issue presented to the trial court was purely a legal one.

Court of Appeals of Indiana | Memorandum Decision 19A-CT-636 | July 25, 2019 Page 4 of 4