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The Research Group, Inc. v. Akron Baptist Temple, Inc.

Court of Appeals of Ohio, Ninth District, Summit

May 16, 2018

THE RESEARCH GROUP, INC. Appellant
v.
AKRON BAPTIST TEMPLE, INC. Appell/Appellee

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV-2016-11-4991

          ALAN H. KRAUS, Attorney at Law, for Appellant.

          JOHN C. ROSS and NICHOLAS HORRIGAN, Attorneys at Law, for Appellee.

          TIM TUSEK, Attorney at Law, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR JUDGE.

         {¶1} Appellant, The Research Group, Inc., appeals the judgment of the Summit County Court of Common Pleas. This Court reverses and remands.

         I.

         {¶2} This case stems from a dispute over mineral rights. On August 23, 2016, The Research Group, Inc. ("Research Group"), and its president, Christopher Eiben, filed a complaint in the Cuyahoga County Court of Common Pleas against the Akron Baptist Temple, Inc. ("A.B.T."), alleging claims of breach of contract, unjust enrichment, and promissory estoppel. A.B.T. filed a motion for transfer of venue on the basis that all of the events giving rise to the litigation occurred in Summit County. Research Group filed a brief in opposition to the motion. A.B.T. filed a reply brief in support of its motion and Research Group filed a sur-reply brief Research Group successfully moved the trial court for leave to file an amended complaint. On November 9, 2016, Research Group filed an amended complaint that contained the same causes of action and included additional allegations regarding the extent of the work Eiben performed for A.B.T. at his office in Shaker Heights. Subsequently, on November 17, 2016, the Cuyahoga County court issued an order granting A.B.T.'s motion and transferring the case to the Summit County Court of Common Pleas.[1]

         {¶3} On November 29, 2016, the case was assigned to a judge in the Summit County Court of Common Pleas. A.B.T. filed a motion to dismiss the complaint pursuant to Civ.R. 12(B)(6). Research Group filed a brief in opposition to the motion and A.B.T. replied thereto.

         {¶4} As the motion to dismiss was pending, Research Group filed a motion to refuse the transfer of venue. Therein, Research Group reiterated its position that it had a right to file the complaint in Cuyahoga County pursuant to Civ.R. 3(B)(6). A.B.T. filed a brief in opposition and argued that the trial court did not have authority to simply reconsider an order issued in a separate county.

         {¶5} On March 16, 2017, the Summit County court issued an order denying the motion to reconsider the transfer of venue. On that same day, the Summit County court issued a separate order granting A.B.T.'s motion to dismiss the complaint.

         {¶6} On appeal, Research Group raises two assignments of error.

         II.

         ASSIGNMENT ...


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