Caldwell v. Smith

HUNTER, JR., Robert N., Judge.

Defendants appeal from the trial court’s order denying their motion for change of venue as of right. Defendants timely filed their motion for change of venue in their answer on the basis that the action was filed by plaintiffs in the wrong county, as no party resided in Dare County at the commencement of the civil action. With regard to defendants’ appeal, our Court has held that “the trial court has no discretion in ordering a change of venue if demand is properly made and it appears that the action has been brought in the wrong county.” Swift & Co. v. Dan-Cleve…