THE RESEARCH GROUP, INC. Appellant
AKRON BAPTIST TEMPLE, INC. Appell/Appellee
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV-2016-11-4991
H. KRAUS, Attorney at Law, for Appellant.
C. ROSS and NICHOLAS HORRIGAN, Attorneys at Law, for
TUSEK, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR JUDGE.
Appellant, The Research Group, Inc., appeals the judgment of
the Summit County Court of Common Pleas. This Court reverses
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.
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.
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.
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.
On appeal, Research Group raises two assignments of error.