SSD CONTROL TECH. v. BREAKTHROUGH TECH.

No. 20A03-9706-CV-201.

685 N.E.2d 1136 (1997)

SSD CONTROL TECHNOLOGY, Appellant-Defendant, v. BREAKTHROUGH TECHNOLOGIES, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

October 14, 1997.


Attorney(s) appearing for the Case

Robert J. Palmer, May, Oberfell & Lorber, South Bend, and Richard D. Bonewitz, South Bend, for Appellant-Defendant.

Alan L. Weldy, Yoder, Ainlay, Ulmer & Buckingham, Goshen, for Appellee-Plaintiff.


OPINION

STATON, Judge.

SSD Control Technology ("SSD") brings this interlocutory appeal from the denial of its motion to transfer venue from the Elkhart Superior Court to St. Joseph County. The plaintiff, Breakthrough Technologies, Inc. ("BTI"), admits that under Ind. Trial Rule 75(A)(4) St. Joseph County is the county of preferred venue for this breach of contract action. However, BTI argues that a choice of forum provision in the contract on which it is...

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