Braswell v Braswell
Dec 03, 2024OUTCOME: Affirmed
Mother of child brought action against father seeking child support, post-separation support, alimony, equitable distribution, and to set aside a premarital agreement. Father filed motion to transfer v ... enue and filed counterclaim for custody prior to ruling on venue. The District Court, Wake County, No. 23 CVD 8457, Anna E. Worley, J., denied motion. Father appealed interlocutory order. The Court of Appeals, Thompson, J., held that: 1 father failed to unambiguously pursue venue objection after filing non-compulsory counterclaim, as factor indicating he had waived objection; and 2 father actively participated in litigation when he filed non-compulsory counterclaim prior to ruling on venue objection, as factor indicating he had waived objection.
