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GODLEY CONST. CO., INC. v. McDANIEL

No. 7826SC581.

253 S.E.2d 359 (1979)

40 N.C. App. 605

GODLEY CONSTRUCTION CO., INC. v. L. Bruce McDANIEL and Sheldon L. Fogel d/b/a McDaniel and Fogel, attorneys at Law.

Court of Appeals of North Carolina.

April 3, 1979.

Attorney(s) appearing for the Case

Bailey, Brackett & Brackett, P. A. by Martin L. Brackett, Jr., Charlotte, for plaintiff-appellee.

Boyce, Mitchell, Burns & Smith by Robert E. Smith, Raleigh, for defendants-appellants.

MITCHELL, Judge.

The defendants assign as error the trial court's denial of their motion for a change of venue to promote the convenience of witnesses and the ends of justice and contend that it constituted an abuse of discretion. The defendants made their motion for change of venue pursuant to G.S. 1-83(2) after they had filed their answer. Unlike motions for change of venue based upon allegations of improper venue, which must be made a part of the answer or filed...

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