American Family Life Assurance of Columbus v. Ellison

¶ 20. The “Answer and Affirmative Defenses” of in-state defendants Richard and Aiita Atkinson unquestionably failed to assert the defense of improper venue.3 See *1054Miss. R. Civ. P. 12(b)(3). In failing to do so, the Atkinsons waived said defense. See Miss. R. Civ. Pi 12(h)(1). The Atkin-sons’ failure to contest venue would not foreclose AFLAC from asserting its separate defense of improper venue; however, in determining the efficacy of AFLAC’s motion, the Court’s analysis of Mississippi Code Annotated Section 11-11-3(1) should not be restricted to subsection (l)(a). In short, in examining the…