In reversing the trial court’s decision, the Supreme Court of Arkansas said that the defense of improper venue had been waived by the defendants when they failed to raise the same at the time they filed their responsive pleading. The trial court granted the motion and dismissed the suit. It was only after fourteen months that they filed their motion to dismiss raising as a defense improper venue. They did not raise any affirmative defense of improper venue nor did they reserve the right to raise this defense. ![]() The defendants filed their answer which was generally in the nature of mere denials. ![]() The suit was filed in Faulkner County Circuit Court. That case involved an action for fraud and conversion filed against two defendants residing in Lonoke County. Alpha Burnett, et al, Opinion delivered June 6, 2002, discussed the importance of filing the defense of improper venue at the earliest opportunity. Alpha Burnett (01-801) The Supreme Court of Arkansas in the case of Brenda Higgins v. In this case, since the City of Weirton is located at 200 Municipal Plaza, Weirton, West Virginia which is at Honcock County there could be no other venue except the Hancock County.ī) Court should grant brief in support of Motion to Dismiss because the motion to dismiss on the ground of improper venue was timely filed pursuant to the doctrine enunciated in the case of Higgins v. Facts such as judicial economy, proper administration of justice and the convenience of the parties must not be taken for granted since they are the reasons for which the rules of procedure and venue were formulated. However, the choice of venue for filing civil suits should not be left to the plaintiff’s whim and caprices. Venue relates not to jurisdiction but to trial. There could be no other venue for this wrongful termination suit except in the Hancock County. It is there where the act of wrongful termination was committed. In this case, the cause of action arose in the Hancock County where the City of Weirton is located. Its plain meaning should be accepted and applied without the need for interpretation. Well-settled is the rule in statutory construction that when a statute is clear and unambiguous then there is no room for its interpretation. Code, the Supreme Court of Appeals of West Virginia stated that: “a) Any civil action or other proceeding, except where it is otherwise specially provided, may hereafter be brought in the circuit court of any county: (1) Wherein any of the defendants may reside or the cause of action arose… The Supreme Court of Appeals of West Virginia has extensively answered the question of venue in a civil action in the United Bank, Inc. ArgumentĪ) The court should grant brief in support of motion to dismiss because the Brooke County Circuit Court is not the proper venue for this suit. ![]() Under Rule 12 (b) of the West Virginia Civil Rules of Procedure Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19.
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