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ITS LEASING, INC. v. RAM DOG ENTERPRISES

No. COA09-653.

696 S.E.2d 880 (2010)

ITS LEASING, INC., Plaintiff, v. RAM DOG ENTERPRISES, LLC, Defendant.

Court of Appeals of North Carolina.

August 17, 2010.

Attorney(s) appearing for the Case

Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A., Charlotte, by Michelle Massingale, for plaintiff-appellant.

McLean Law Firm, PA, Waynesville, by Russell L. McLean, III, for defendant-appellee.

STROUD, Judge.

Plaintiff appeals from an order granting defendant's motion to change venue from Mecklenburg County to Haywood County. Because the trial court could not properly determine on a discretionary basis a motion for change of venue which was filed prematurely and because neither party has demonstrated a right to venue in either Mecklenburg County or Haywood County, we reverse.

On 26 June 2008, plaintiff filed its complaint against defendant in Mecklenburg...

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