Ray Linton v. Nancy Anne Linton

Appellant Ray Linton, Jr. has filed his Petition for Rehearing asserting, inter alia, that our opinion on the merits (Linton v. Linton (1975), 166 Ind. App. 409, 336 N.E.2d 687,) was in error in holding that the trial court correctly denied Ray's Motion For Change of Venue from the County. In that opinion we disposed of the issue upon the sole ground that a civil contempt proceeding is not considered a civil action so as to contemplate a change of venue under TR. 76. Ray, however, correctly points out that in other portions of our opinion, we noted that the proceeding was not restricted to a prayer for a contempt judgment but that Appellee Nancy Linton sought nullification of the modification agreement and reinstatement of the original divorce decree. It is Ray's position that such issues, additional to the contempt issue, render our reliance solely upon State ex rel. Grile v. Allen Circuit Court (1967), 249 Ind. 173, 231 N.E.2d 138, an inadequate basis for our determination that the Motion for Change of Venue was properly denied.