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Corral v. Mervis Industries10/20/2005
ory venue raises separate questions of fact and law because it necessarily requires a trial court to rule on the legal effect of its factual findings. In other words, after first examining the facts of the case, the trial court must then determine whether the venue statute is satisfied. The inquiry thus requires a two- step analysis. First, the trial court's underlying factual findings are reviewed deferentially. A trial court's findings of fact will not be disturbed on review unless those findings are against the manifest weight of the evidence. Eychaner v. Gross, 202 Ill. 2d 228, 251 (2002). Second, the trial court's conclusion of law is reviewed de novo. Eychaner, 202 Ill. 2d at 252. With these standards of review in mind, we now review the merits of this appeal.
B. Whether the Circuit Court Erred in Denying Defendant's Motion to Transfer Venue
Let us first be clear what is and is not at issue in this case. Defendant based its motion to transfer solely on a claim that venue is improper in Cook County. Defendant did not base its motion to transfer on a claim of forum non conveniens. We do not, therefore, consider whether the facts of this case would have supported a venue transfer based on a claim of forum non conveniens.
"Proper venue is an important statutory privilege." Bucklew v. G.D. Searle & Co., 138 Ill. 2d 282, 288 (1990). A defendant has the right to insist that a lawsuit proceed in a proper venue, provided the defendant timely raises a venue objection. Williams v. Illinois State Scholarship Comm'n, 139 Ill. 2d 24, 52-53 (1990). A defendant may raise, waive, or forfeit an objection to improper venue. See 735 ILCS 5/2-104(b) (West 2000); Horn v. Rincker, 84 Ill. 2d 139, 145-46 (1981).
We reiterate the determination of proper statutory venue raises separate questions of fact and law. We will not disturb a trial court's findings of fact unless those findings are against the manifest weight of the evidence. Eychaner, 202 Ill. 2d at 251; Webster, 195 Ill. 2d at 432. "A decision is against the manifest weight of the evidence only when an opposite conclusion is apparent or when the findings appear to be unreasonable, arbitrary, or not based on the evidence." Eychaner, 202 Ill. 2d at 252. A reviewing court must not substitute its own judgment for the judgment of the trier of fact. Kalata v. Anheuser-Busch Cos., 144 Ill. 2d 425, 434 (1991). After reviewing the trial court's factual findings, we review the legal effect of the trial court's conclusions de novo. Eychaner, 202 Ill. 2d at 252.
It is the defendant's burden to prove plaintiff's venue selection was improper. Weaver v. Midwest Towing, Inc., 116 Ill. 2d 279, 285 (1987). "In doing so, the defendant must set out specific facts, not conclusions, and show a clear right to the relief asked for." Weaver, 116 Ill. 2d at 285 (citing Taylor v. Southern Ry. Co., 350 Ill. 139, 143 (1932), and Winn v. Vogel, 345 Ill. App. 425, 430 (1952)). "Any doubts arising from the inadequacy of the record will be resolved against the defendant." Weaver, 116 Ill. 2d at 285, citing Foutch v. O'Bryant, 99 Ill. 2d 389, 391-92 (1984).
Defendant argues the circuit court of Cook County erred in denying its motion to transfer venue to Vermilion County. According to defendant the circuit court held that Cook County is a proper venue because the Cook County residence of a single employee of the defendant constituted an "other office" of the defendant since that employee does business from his residence. Nothing in the record supports defendant's characterization of the circuit court's factual determinations.
Moreover, it is unclear how the appellate court could have reviewed the circuit court's fact
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