Mattox v. Condo

I concur in the'judgment only in this case, and I write separately to point out a number of problems raised but not answered by the parties and the trial court.

The record shows that, while D H Supply Company appropri*521ately raised the affirmative defense of venue in its initial pleading, Carlos Mattox, acting pro se, did not do so, opting instead to generally deny all of Wendy Condo’s allegations. As such, it would appear that Mattox waived his venue defense. See Orkin Exterminating Co. v. Morrison6 (general denial does not raise venue defense).

Decided June 5, 2003. Mabry & McClelland, James T.…