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STERN v. CINOMAN

No. COA11-1106.

728 S.E.2d 373 (2012)

Thomas M. STERN, as Guardian of the Estate of Armani Wakefall, a Minor, Plaintiff, v. Michael Ira CINOMAN, MD, Defendant.

Court of Appeals of North Carolina.

June 5, 2012.

Attorney(s) appearing for the Case

Ferguson, Stein, Chambers, Gresham, & Sumter, P.A., Chapel Hill, by William G. Simpson, Jr. , for plaintiff-appellant.

Walker, Allen, Grice, Ammons & Foy, L.L.P., Goldsboro, by O. Drew Grice, Jr. , for defendant-appellee.

GEER, Judge.

Plaintiff Thomas M. Stern appeals from an order granting defendant Michael Ira Cinoman's motion to transfer venue as of right. Because Mr. Stern brought the action in his capacity as guardian of the estate rather than as a guardian ad litem, he was entitled to bring the action in his county of residence. Mr. Stern resides in Durham County and, therefore, venue was proper. Accordingly, we reverse.

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