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CALDWELL v. SMITH

No. COA09-1040.

692 S.E.2d 483 (2010)

Joseph CALDWELL and wife, Suzanne Caldwell, Plaintiffs, v. Dennis G. SMITH, and wife, Shirley Smith, Duanne Tinsley and wife, Wendy Tinsley, and Enviro-Med Industries, LLC, d/b/a Sunshield Coatings USA, Defendants.

Court of Appeals of North Carolina.

May 4, 2010.

Attorney(s) appearing for the Case

Dixon & Dixon, PLLC, Law Offices, by David R. Dixon, Avon, for plaintiff-appellees.

Patrick, Harper & Dixon, LLP, by David W. Hood, Hickory, for defendant-appellants.

ROBERT N. HUNTER, JR., Judge.

Defendants appeal from the trial court's order denying their motion for change of venue as of right. Defendants timely filed their motion for change of venue in their answer on the basis that the action was filed by plaintiffs in the wrong county, as no party resided in Dare County at the commencement of the civil action. With regard to defendants' appeal, our Court has held that "the trial court has no discretion in ordering a change...

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