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Corral v. Mervis Industries10/20/2005
e of a proceeding. Coleman, 183 Ill. 2d at 385. Although Coleman involved a proceeding under the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 1994)), this court has recognized that, " ypically, the manifest error standard is appropriate to review findings of fact made by a trial judge" in other civil actions. See Webster v. Hartman, 195 Ill. 2d 426, 432 (2001), citing Coleman, 183 Ill. 2d at 384-85.
Coleman further noted the abuse of discretion standard of review has traditionally been reserved for trial court decisions deserving great deference, such as overseeing the courtroom or maintaining the progress of trials. Coleman, 183 Ill. 2d at 387. Coleman acknowledged the abuse of discretion standard of review "has been recognized as `the most deferential standard of review available with the exception of no review at all.' " Coleman, 183 Ill. 2d at 387, quoting 33 S.D. L. Rev. at 480. Consequently, Coleman concluded the use of such a deferential standard was inappropriate to review a ruling that did not require the trial court to exercise any discretion. Coleman, 183 Ill. 2d at 387.
Coleman also recognized that when all factual inquiries are eliminated, and the trial court's inquiry is limited to the sufficiency of the allegations, the question becomes a legal one. Accordingly, the trial court's ultimate legal determination is subject to de novo plenary review. Coleman, 183 Ill. 2d at 388-89.
We agree with defendant that it is inappropriate to apply an abuse of discretion standard of review on appeal from the grant or denial of a motion to transfer based on improper venue. As the Reichert court correctly recognized, " ither the facts support venue in the county in which the action was filed or they do not. Once this factual determination is made, the trial court has no discretion as to whether to grant or deny the motion." Reichert, 327 Ill. App. 3d at 393-94.
The "clearly erroneous" standard of review, suggested by plaintiff, has been employed by this court only in reviewing decisions of administrative agencies. See Carpetland U.S.A., Inc. v. Illinois Department of Employment Security, 201 Ill. 2d 351, 369 (2002); AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 395 (2001); City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 205 (1998). Agency determinations have historically been entitled to great deference due to an agency's experience and expertise in interpreting its governing statutes. See AFM Messenger, 198 Ill. 2d at 394-95. We therefore decline plaintiff's invitation to adopt a "clearly erroneous" standard of review for trial court orders granting or denying a motion to transfer based on improper venue.
In determining the proper scope of review on a motion to transfer based on improper venue, we find Lake County Riverboat instructive. In Lake County Riverboat, the appellate court noted that proper venue determinations involve separate questions of fact and law. Lake County Riverboat, 313 Ill. App. 3d at 951, citing ServiceMaster Co. v. Mary Thompson Hospital, 177 Ill. App. 3d 885, 891-95 (1988) (reviewing the facts of the case and then determining as a matter of law whether venue is proper). Lake County Riverboat properly recognized that questions of fact are reviewed for manifest error, and questions of law are reviewed de novo. Lake County Riverboat, 313 Ill. App. 3d at 951. When there is no dispute concerning the facts relied upon by the court, Lake County Riverboat concluded a de novo standard of review was proper. Lake County Riverboat, 313 Ill. App. 3d at 951.
We agree with the standards set forth by Lake County Riverboat. The determination of proper statut
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