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Domestic Relations – DVPO Renewal – Civil Practice – Personal Jurisdiction – Inconvenient Forum – Appeals

Comstock v. Comstock (Lawyers Weekly No. 012-172-17, 11 pp.) (Valerie Zachary, J.) Appealed from Mecklenburg County District Court (Matt Osman, J.) N.C. App. Unpub.

Holding: In this domestic violence case in which both parties have now moved to Texas, the pro se defendant failed to specifically assert that lack of personal jurisdiction was the ground for his motion to dismiss; even if he had, the trial court never ruled on the motion. Accordingly, any issues regarding the trial court’s alleged lack of personal jurisdiction over defendant, all of which are inextricably linked to the motion to dismiss, have been waived and are not properly before this court.

We affirm the trial court’s grant of plaintiff’s motion to renew a domestic violence protective order.

Defendant did not make an inconvenient forum argument before the trial court and thus failed to preserve the issue for appellate review. Even if the issue had been properly preserved, we cannot see how the Uniform Child Custody Jurisdiction Act would apply in this case. No provision of the UCCJA allows a trial court to declare that North Carolina is an inconvenient forum for a domestic violence protective order renewal action.


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