State Ex Rel. Trans World Airlines, Inc. v. David

I respectfully dissent. This is not a difficult case. TWA simply did not perfect its motion to transfer and waived venue.

Proper venue is a personal privilege, and objection on the basis of improper venue may be waived.1 The party challenging venue bears the burden of persuasion and proof that venue is improper.2 In addition to simply fifing a motion for transfer of venue a party must perfect that motion with substantive evidence because unsworn statements by counsel or statements in briefs are not evidence, unless conceded to by opposing counsel.3

TWA elected to submit a document signed by…