Brooks v. Hurst Buick-Pontiac-Olds-Gmc, Inc.

A review of the proceedings in the trial court discloses a number of errors, among which are the following.

In appellant’s first assignment of error, defendant contends that the trial court lacked subject matter jurisdiction over the case at issue. The question of subject matter jurisdiction was raised in the trial court prior to the commencement of trial and, although it is beyond question that the trial court had subject matter jurisdiction, venue was not proper. Consequently, defendant’s motion to dismiss for want of subject matter jurisdiction should have been considered as a motion for…