CONSECO FINANCE SERV. v. DEPENDABLE HOUSING

No. COA01-870.

564 S.E.2d 241 (2002)

CONSECO FINANCE SERVICING CORPORATION, v. DEPENDABLE HOUSING, INC. d/b/a Westwood Homes and d/b/a Oakcreek Village, Reliable Housing, Inc. and Richard M. Pearman, Jr.

Court of Appeals of North Carolina.

May 7, 2002.


Attorney(s) appearing for the Case

Smith, Debnam, Narron, Wyche, Story & Myers, LLP, by Byron L. Saintsing and Connie E. Carrigan, Raleigh, for plaintiff-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, by Jessica M. Marlies, Greensboro, for defendants-appellants.


THOMAS, Judge.

Defendants appeal from an order denying their motion to transfer venue. Among the four assignments of error put forth, defendants argue the trial court was required to transfer venue because plaintiff's complaint, based on breach of contract, was in reality a request for a deficiency judgment. We affirm the trial court for the reasons discussed herein.

The facts are as follows: Defendant Richard Pearman, Jr. (Pearman) entered into an agreement...

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