State ex rel. Knowles v. Elkhart Circuit Court, 271S29
Decision Date | 05 April 1971 |
Docket Number | No. 271S29,271S29 |
Citation | 256 Ind. 256,268 N.E.2d 79 |
Parties | . Simpson, as Judge of the Elkhart Circuit Court and Woody L. Caton, Clerk of the Elkhart Circuit Court. Supreme Court of Indiana |
Court | Indiana Supreme Court |
The relator has petitioned for a writ of prohibition against the respondent Elkhart Circuit Court. This action arises out of a divorce case filed in Elkhart Circuit Court in which Joyce E. Knowles states that she is a resident of Kosciusko County, State of Indiana for more than six (6) months prior to the filing of her complaint. The relator, Thomas Michael Knowles, also states that he is a resident of Kosciusko County, State of Indiana. The petition for a writ of prohibition urges for ground thereof that the Elkhart Circuit Court does not have jurisdiction to entertain the divorce proceedings relying on the divorce statute, Burns' Ind.Stat.Ann. § 3--1203 fixing the resident requirements in a divorce proceeding.
The respondent judge has filed no response or brief but states that he relies upon the recently adopted rules of this Court for his denial of the motion to dismiss for lack of jurisdiction.
However, since the enactment of that statute, new rules of trial procedure have been enacted by the Indiana General Assembly and approved by this Court.
TR. 75 in part states:
Paragraph (B) also states:
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Martin v. Indianapolis Morris Plan Corp.
...Indiana Life and Health Insurance Guaranty Association v. The Superior Court of Marion County, supra; State ex rel. Knowles v. Elkhart Circuit Court (1971), 256 Ind. 256, 268 N.E.2d 79.And Trial Rule 75(E) by its very terms prohibits interlocutory appeals from a trial court's refusal to ord......
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...matter jurisdiction." In re Adoption of L.T. , 9 N.E.3d 172, 177 (Ind. Ct. App. 2014) (citing State ex rel. Knowles v. Elkhart Circuit Court , 256 Ind. 256, 258, 268 N.E.2d 79, 80 (1971) ). Thus, even if it were ultimately determined that Lake County was not the proper venue, the trial cour......
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Adoption L.T. J.M. v. C.T.
...venue does not properly reside does not divest the trial court of subject matter jurisdiction. State ex rel. Knowles v. Elkhart Circuit Court, 256 Ind. 256, 258, 268 N.E.2d 79, 80 (1971). Indiana Code section 29–3–2–2(c) directs that a guardianship proceeding that was commenced in the wrong......
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State ex rel. Indiana Life and Health Ins. Guaranty Ass'n v. Superior Court of Marion County, Room No. 7
...Trial Rule 75 was held to override the application of the statute in question in Etherton v. Wyatt. In State ex rel. Knowles v. Elkhart Circuit Court, (1971) 256 Ind. 256, 268 N.E.2d 79, this Court considered a petition for a writ of prohibition against the Elkhart Circuit Court on the grou......