Humphrey v. Sinnott

MARTIN, Judge.

Plaintiff appeals from the orders granting defendants’ motions to dismiss his complaint. For the reasons stated below, we conclude that neither defendant was entitled to a dismissal of the complaint.

I

The only question raised by plaintiff s brief with respect to defendant Sinnott is whether he waived his right to challenge personal jurisdiction, sufficiency of process and sufficiency of service of process. We hold that defendant Sinnott, by moving for a discretionary change of venue pursuant to G.S. 1-83(2) without first or simultaneously asserting his Rule 12(b) defenses…