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Appellate court dismisses small claims venue case

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The Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory appeals, so it dismissed a case arising out of southern Indiana.

In Amy and Steven Cerajewski v. Erin and Robert Kieffner, No. 82A01-1109-SC-401, the appellate court dismissed an interlocutory appeal after the plaintiff-appellant’s didn’t get approval first from Vanderburgh Superior Magistrate Judge Sheila M. Corcoran to certify the small claims case for appeal.

Erin and Robert Kieffner bought a Posey County home in 2010 from Amy and Steven Cerajewski, and the Cerajewskis moved to Michigan. Later that year, the Kieffners filed a small claims action in Vanderburgh County, where Erin had lived. The claim alleged breach of contract and fraud resulting from the real estate transaction.

The Cerajewskis filed a motion to transfer venue based on Indiana Trial Rule 75, saying that Vanderburgh County wasn’t the preferred venue. The trial court set a trial date and took the venue question under advisement, but the issue wasn’t decided by that trial date and the Cerajewskis didn’t appear. The small claims court entered a default judgment, but later set that aside and continued to deny the request for venue change.

Without asking for certification for appeal, the Cerajewskis filed an interlocutory appeal based on Indiana Appellate Rule 14(A)(8), which allows for interlocutory appeals as a matter of right for actions involving Trial Rule 75. However, the appellate court found that Trial Rule 75 doesn’t apply to a small claims venue.  Specifically, that rule says venue is proper in a small claims court when one of the defendants resides or has a place of employment at the time of the complaint.

Since the Cerajewskis failed to have the small claims court certify their appeal, the appellate panel dismissed the case for lack of jurisdiction.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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