STATE FARM FIRE AND
CASUALTY COMPANY and
F. ALLEN JOSEPHS,
Plaintiffs,
v. Forsyth County
No. 04 CVS 1475
PALMER CORPORATION OF N.C.,
BAXTER PALMER and LINDA
PALMER
Defendants,
and
PALMER CORPORATION OF N.C.,
Third-Party Plaintiff,
v.
HARMON ELECTRIC SERVICE, INC.
and SUBURBAN PROPANE LP,
Third-Party Defendants.
Davis & Hamrick, L.L.P., by Kent L. Hamrick and James G.
Welsh, Jr., for plaintiffs-appellees.
Pinto Coates Kyre & Brown, PLLC, by David L. Brown, for
defendants-appellants.
McGEE, Judge.
This action arises out of a fire that damaged a house in
Watauga County owned by plaintiff F. Allen Josephs and insured by
plaintiff State Farm Fire and Casualty Company. Plaintiffs,alleging the house was defectively constructed, filed suit in
Forsyth County against defendants as builders of the house.
Defendants filed an answer in which, inter alia, they moved to
change venue from Forsyth County to Watauga County for the
convenience of witnesses. The trial court denied the motion in an
order entered 23 July 2004. Defendants appeal.
Defendants' assignment of error was based solely upon the
trial court's denial of their motion for change of venue pursuant
to N.C. Gen. Stat. § 1-83(2), for the convenience of witnesses.
Plaintiffs assert that this appeal should be dismissed on the
ground that the order is not immediately appealable. We agree.
This Court has previously held that an interlocutory order denying
a motion to change venue for the convenience of witnesses is not
immediately appealable. Kennon v. Kennon, 72 N.C. App. 161, 164,
323 S.E.2d 741, 743 (1984); Furches v. Moore, 48 N.C. App. 430, 269
S.E.2d 635 (1980). These cases have not been overruled.
Defendant's reliance on First Southern Savings Bank v. Tuton, 114
N.C. App. 805, 443 S.E.2d 345, disc. review denied, 338 N.C. 309,
452 S.E.2d 309 (1994), as authorizing an immediate appeal, is
misplaced, as that case involved a motion to change venue on the
ground of improper venue, not the ground of convenience of
witnesses. There being no immediate right of appeal, the appeal
therefore must be dismissed.
Dismissed.
Judges HUDSON and LEVINSON concur.
Report per Rule 30(e).
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