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KIRKLAND'S STORES v. CLEVELAND GASTONIA

No. COA12-397.

733 S.E.2d 885 (2012)

KIRKLAND'S STORES, INC., Plaintiff, v. CLEVELAND GASTONIA, LLC, Cleveland Gastonia II, LLC, Sandwick Gastonia, LLC, and Panera, LLC, Defendants.

Court of Appeals of North Carolina.

October 16, 2012.

Attorney(s) appearing for the Case

Bailey & Dixon, L.L.P., Raleigh, by Adam N. Olls , Michael L. Weisel , and David S. Wisz , for plaintiff-appellee.

Templeton & Raynor, P.A., Charlotte, by Kenneth R. Raynor , for defendant-appellants Cleveland Gastonia, LLC, Cleveland Gastonia II, LLC, and Sandwick Gastonia, LLC.

Horack, Talley, Pharr & Lowndes, P.A., Charlotte, by Keith B. Nichols and John W. Bowers , for defendant-appellant Panera, LLC.

HUNTER, JR., ROBERT N., Judge.

Defendants Cleveland Gastonia, LLC ("Cleveland Gastonia"), Cleveland Gastonia II, LLC ("Cleveland Gastonia II"), Sandwick Gastonia, LLC ("Sandwick Gastonia") and Panera, LLC ("Panera") (collectively, "Defendants") appeal the trial court's denial of their motions to change venue under Rule 12(b)(3) of the North Carolina Rules of Civil Procedure as well as N.C. Gen. Stat. §§ 1-76 and...

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