Legal Opinion

Citicorp Person-To-Person Financial Center, Inc. v. Stallings 601 Sales, Inc.

Court of Appeals of North Carolina

Decided October 7, 1980No. 8019SC301, 8019SC302Published

1Opinion of the Court

ARNOLD, Judge.

Although these two cases were considered separately by the trial court they are consolidated for our appraisal on appeal.

First, we reject defendant’s argument that the judge was required first to rule on its motion for change of venue (under Rule 12(b) (3)) and that by allowing that motion the court was then without authority to grant plaintiffs’ motions for immediate possession of the collateral. Relying on Little v. Little, 12 N.C. App. 353, 183 S.E. 2d 278 (1971), defendant asserts that once a motion for change of venue is aptly made the court cannot thereafter enter any…

2Cases cited3 opinions

  1. Funderburk v. JusticeCourt of Appeals of North Carolina · 1975
  2. Little v. LittleCourt of Appeals of North Carolina · 1971
  3. Wachovia Bank & Trust Co., NA v. SmithCourt of Appeals of North Carolina · 1974

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