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Corral v. Mervis Industries10/20/2005
Docket No. 99698-Agenda 24-May 2005.
In this appeal we address: (1) the proper standard of review for the grant or denial of a motion to transfer on the ground of improper venue; and (2) whether the circuit court of Cook County erred in denying defendant's motion to transfer venue.
This interlocutory appeal arises from the circuit court of Cook County's denial of defendant's motion to transfer venue. The appellate court affirmed the circuit court's denial of defendant's motion. No. 1-03-0129 (unpublished order under Supreme Court Rule 23). We allowed defendant's petition for leave to appeal (177 Ill. 2d R. 315).
We hold: (1) the factual determinations of the trial court on a motion to transfer venue are subject to a manifest weight of the evidence standard of review; (2) the legal effect of the trial court's factual findings is subject to de novo review. We are, however, unable to review the trial court's factual determinations in this appeal because of an incomplete record. Consequently, we affirm the order of the circuit court of Cook County.
I. BACKGROUND
On April 12, 2001, Fernando Corral, Sr., was killed while working at defendant's scrap recycling yard in Danville, Vermilion County. On January 15, 2002, Fernando Corral, Jr., the personal representative of the decedent's estate, filed a wrongful-death action in Cook County.
On April 4, 2002, defendant filed a motion to transfer in lieu of answering the complaint. Defendant moved to transfer the cause to Vermilion County, alleging Cook County is an improper venue. The circuit court of Cook County denied defendant's motion to transfer the cause to Vermilion County on December 16, 2002.
Pursuant to Supreme Court Rule 306(a)(4) (166 Ill. 2d R. 306(a)(4)), defendant filed a petition for leave to appeal to the appellate court on January 15, 2003. Rule 306(a)(4) permits a party to petition for leave to appeal to the appellate court from a trial court order granting or denying a motion to transfer venue "based on the assertion that the defendant is not a resident of the county in which the action was commenced, and no other legitimate basis for venue in that county has been offered by the plaintiff." 166 Ill. 2d R. 306(a)(4).
Defendant filed a supporting record with its petition for leave to appeal, as required by Rule 306(c) (166 Ill. 2d R. 306(c)). The supporting record contained the following documents:
(1) defendant's motion to transfer venue, with the following attachments: (a) complaint; (b) summons; (c) return of service on summons; (d) printout from Illinois Secretary of State's website; (e) affidavit of Michael Smith, vice president and CFO of defendant, Mervis Industries, Inc.;
(2) plaintiff's response to defendant's motion to transfer venue;
(3) defendant's reply in support of motion to transfer venue;
(4) transcript of discovery deposition of Michael Smith; and
(5) order of the circuit court of Cook County, denying defendant's motion to transfer venue.
In his discovery deposition, Michael Smith, vice president and CFO of defendant, testified that defendant operates scrap processing facilities in Danville, Champaign, Mattoon, and Springfield, Illinois. According to Smith, defendant processes metal, paper, and plastic for sale to an end user. Smith testified that defendant's only Cook County connection is a sales employee, Bob Samson, who works full time for defendant from an office in Samson's home. Defendant equipped Samson's home office with a computer, fax machine and fax number, a dedicated business telephone line, and an e-mail address. Samson is def
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