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BALDWIN v. WILKIE

No. COA05-1503.

635 S.E.2d 431 (2006)

Timothy and Kellie BALDWIN, husband and wife, individually and as Guardians ad Litem for Matthew Baldwin, a minor; Keith and Jennifer Chauvin, husband and wife, individually and as Guardians ad Litem for Cameron and Luke Chauvin, minors; Jayson and Wendy Ennis, husband and wife, individually and as Guardians ad Litem for Chad Ennis, a minor; Chad and Amanda Church, husband and wife, individually and as Guardians ad Litem for Carter Church, a minor; Todd and Jennifer Shy, husband and wife, individually and as Guardians ad Litem for William Shy, a minor; Terry and Laura Perrigo, husband and wife, individually and as Guardians ad Litem for Terra Perrigo, a minor; Mike and Vickie McGee, husband and wife, individually and as Guardians ad Litem for Carson McGee, a minor; and Regenia Walden, an individual, Plaintiffs, v. Jason WILKIE and Ralph Wilkie, as individuals, and doing business as Crossroads Farm Petting Zoo, Defendants.

Court of Appeals of North Carolina.

September 19, 2006.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A., by Mark C. Kurdys; Marler Clark, L.L.P., P.S., by William D. Marler, Asheville, for plaintiff-appellees.

Young Moore and Henderson P.A., by Walter E. Brock, Jr., Raleigh, for defendant-appellants.

WYNN, Judge.

Under Section 1-82 of the North Carolina General Statutes, an "action must be tried in the county in which the plaintiffs or the defendants . . . reside at its commencement[.]"1 Here, Defendants argue that venue in Wake County was improper because none of the original parties to the action were residents of Wake County. Because the action was amended as a matter of right

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