Ex Parte Consolidated Pipe & Supply Co., Inc. (in Re: Consolidated Pipe & Supply Co., Inc. v. the Ohio Casualty…

Summary

The court granted Consolidated Pipe's mandamus petition and directed the Morgan Circuit Court to vacate its transfer order. It held that the payment bond's forum-selection clause required the action to be filed in Morgan County because the project was located there and Consolidated Pipe qualified as a claimant under the bond. Because the enforceable clause left no alternative proper forum, the forum non conveniens statute did not apply.