North Carolina Lawyers Weekly
Estate of Davis v. Groff (Lawyers Weekly No. 12-16-0179, 7 pp.) (Linda M. McGee, J.) Appealed from Durham County Superior Court. (Paul C. Ridgeway, J.) N.C. App. Unpub. Click here for full-text opinion.
Holding: As administrator of the decedent’s estate, plaintiff was entitled to bring suit in the county where he resides. This rule of law, which was set down by our Supreme Court in Trust Co. v. Finch, 232 N.C. 485, 61 S.E.2d 377 (1950), was not and could not be changed by this court’s holding in Roberts v. Adventure Holdings, LLC, 703 S.E.2d 784 (2010), disc. review denied, 365 N.C. 187, 707 S.E.2d 241 (2011). Furthermore, although Roberts held that a guardian ad litem’s residence was insufficient to justify venue, the court also explained that the law regarding administrators and other fiduciaries did not apply to GALs.
We affirm the trial court’s denial of defendants’ motion for a change of venue. Plaintiffs failed to show that any substantial right of theirs was affected by the grant of defendants’ motion for a stay pending appeal; therefore, plaintiffs’ appeal is dismissed.
