CITY OF SOUTH BEND, DEPT. OF PUBLIC WORKS v. D&J GRAVEL CO.

No. 18A02-9912-CV-848.

727 N.E.2d 719 (2000)

CITY OF SOUTH BEND, DEPARTMENT OF PUBLIC WORKS, Appellant-Third Party Defendant Below, v. D&J GRAVEL CO., INC. d/b/a Michigan Precast Concrete, Appellee-Plaintiff Below, and Prestress Services, Inc., Appellee-Defendant Below.

Court of Appeals of Indiana.

April 26, 2000.


Attorney(s) appearing for the Case

Michelle L. Engel, Assistant City Attorney, South Bend, Indiana, Attorney for Appellant.

J. Michael Cavosie, Thomas A. Pastore, Easter & Cavosie, Sydney L. Steele, Steven L. Jones, Lowe Gray Steele & Darko, Indianapolis, Indiana, Scott Ainsworth, Devoss, Johnson, Baker & Ainsworth, Decatur, Indiana, Attorneys for Appellees.


OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

The City of South Bend, Department of Public Works (the "City"), brings this interlocutory appeal under Indiana Appellate Rule 4(B)(5) from the trial court's denial of the City's motion to transfer venue of this cause from Delaware County to St. Joseph County.1 The sole issue presented for our review is whether the trial court abused its

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