same and distinguishing denial of a motion for change of venue and an order granting a transfer of venue from a dismissal for improper venue
How later courts described this case
- same and distinguishing denial of a motion for change of venue and an order granting a transfer of venue from a dismissal for improper venue
- dismissal vacated despite clear statutory language authorizing dismissal for improper venue
Written by the judges who cited it.
The opinion
*999 GODFREY, Justice,
dissenting.
I see no error by the Superior Court. The judge gave plaintiff an opportunity to change venue, and she did not avail herself of it. Plaintiff has offered no excuse for her failure to act after she was told to take her action to York County within ten days or have her case dismissed. I do not understand why that was not an entirely correct way of handling the problem in view of the fact that our rules and statutes provide no express mechanism to effect transfer of venue.
The Superior Court’s disposition of the matter had at least the virtue of giving plaintiff an incentive to remove her case expeditiously after she found her action had been brought in the wrong county. I see no such incentive in the rule adopted by the majority.