Charleston Capital Corp. v. Love Valley Enterprises, Inc.

VAUGHN, Judge.

The first question to be decided on this appeal is whether Judge Martin had the power and authority to hear plaintiff appellee’s motion for summary judgment while defendant’s motion for change of venue was pending. A very similar factual situation is found in Roberts v. Moore, 185 N.C. 254, 116 S.E. 728. In that case, plaintiff was a foreign corporation and defendants were citizens of Sampson County. Suit was filed in New Hanover County and summons issued. Before time for answering the complaint had expired, defendants moved for a change of venue to Sampson County. A notice of…