[U] Blum v. Vicenz

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. Plaintiffs are the maternal grandparents of a female child born in Mecklenburg County on 23 August 1995. Plaintiffs were granted custody of the child by a consent order entered on or about 31 May 2000 in Mecklenburg County District Court. At that time plaintiffs resided both in Mecklenburg and Mitchell Counties, the child's natural mother, defendant Jennifer Erin Vincez, resided in Mitchell County, and the father of the child, defendant Mark William DeMeritt, resided in Mecklenburg County. On or about 28 April 2004 defendant DeMeritt filed a motion in Mecklenburg County District Court seeking transfer of custody to defendants DeMerittand Vincenz. Plaintiffs filed a motion to change venue from Mecklenburg County to Mitchell County contending that the majority of plaintiffs' witnesses resided either in Mitchell County or neighboring Yancey County within the 24th Judicial District and that it would be more convenient for these witnesses to have the matter heard in Mitchell County. After hearing the motion at the 28 July 2004 session of court, the court entered an order on 1 September 2004 denying plaintiffs' motion to change venue. Plaintiffs appeal from the order denying their motion to change venue.