Tate v. Tate

CAMPBELL, Judge.

The record does not reveal upon which of defendant’s two grounds the trial judge dismissed the complaint. However, we will deal only with the question of venue as it is determinative. In fact it is not only venue but actually jurisdiction. Plaintiff relies heavily, in her brief, upon G.S. 50-13.5 (f) and Professor Lee’s comments on that statute in 3 Lee, North Carolina Family Law, § 222, (Supp. 1968). However, a close reading of the statute and Professor Lee’s comments indicate that the statute does not apply in a situation such as we have here. The statute provides:

“(f)…