Estate of Davis v. Groff 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.

Tagged with: Civil Practice Medical Malpractice Tort/Negligence trusts & estates venue

Jenkins v. Hearn Vascular Surgery, P.A. Even though the infant plaintiff has spent her entire life in a Forsyth County hospital, since she is an unemancipated minor who has not been abandoned, she is considered a resident of her parents’ home in Alamance County. All parties are Alamance County residents; therefore, venue in Forsyth County is improper.

Tagged with: appeals Civil Practice guardian ad litem Medical Malpractice Tort/Negligence venue

Callaway v. Energy Mizer Corp. Even though defendant contends that its affirmative defenses will reduce the amount of the preferential payments the trustee is seeking to avoid, there is no allegation that the amount the trustee seeks to avoid was made in bad faith; in fact, defendant admits to receiving checks in the alleged amount. Therefore, the preference amount is determined as of the commencement of the action and not upon consideration of defendant’s affirmative defenses.

Tagged with: Bankruptcy Civil Practice venue

Federated Financial Corp. of America v. Jenkins Even though the credit card agreement at issue contains a forum selection clause that says related litigation is to take place in Utah, since there is no rational nexus between Utah and either the parties or the contract transactions, the forum selection clause is unenforceable. We affirm the trial court’s denial of defendant’s motion to set aside the default judgment against him.

Tagged with: Choice of Law Civil Practice Contract Credit Card Agreement Forum-Selection Clause jurisdiction venue

Orange County ex rel. Clayton v. Hamilton The defendant-father incurred no additional cost in covering his child on his wife’s health insurance policy, which also covered her son from a previous marriage; moreover, the mother was providing coverage for the child on her health insurance policy. The trial court did not err in failing to give the father credit for medical insurance coverage purchased for his child.

Tagged with: Civil Practice Domestic Relations insufficient showing parent & child support venue

Family Dollar Stores, Inc. v. Overseas Direct Import Co. (Lawyers Weekly No. 11-04-0103, 9 pp.) (Richard L. Voorhees, J.) W.D.N.C. Holding: The parties were engaged in settlement discussions, and when those settlement discussions broke down, it was reasonable for plaintiff ...

Tagged with: Civil Practice Copyright Intellectual Property Trademark Infringement venue

An attorney with an employment-discrimination case will most likely take the case to the nearest county courthouse to be heard by a state judge. But just as likely, the defense counsel for the employer will have it removed to federal ...

Tagged with: 4th Circuit Age Discrimination Disability Discrimination discrimination Labor & Employment Race Discrimination Sex Discrimination venue

Its Leasing, Inc. v. Ram Dog Enterprises, LLC. (Lawyers Weekly No. 10-07-0796, 10 pp.) (Donna S. Stroud, J.) Appealed from Mecklenburg County Superior Court (Jesse B. Caldwell III, J.) N.C. App. Holding: The trial court abused its discretion when it ...

Tagged with: Civil Practice Interlocutory Appeal Mecklenburg County venue

Cordell v. Doyle. (Lawyers Weekly No. 10-16-0638, 21 pp.) (Rick Elmore, J.) Appealed from Buncombe County District Court. (Marvin P. Pope Jr., J.) N.C. App. Unpub. Holding: The parties presented conflicting evidence concerning their communications – and the lack thereof ...

Tagged with: Civil Practice custody Domestic Relations Judges parent & child recusal venue

Child Support Debt - Criminal Fine - Venue

Tagged with: Child Support Domestic Relations venue