North Carolina Business Litigation Report

Exide Technologies v. Douglas, October 10, 2007 (Tennille)(unpublished)

In what County should a lawsuit seeking the final distribution of the assets of a limited liability company which has already been dissolved be filed? The answer is in the county where the LLC's principal office is or was located. The Court therefore transferred venue in this case from Mecklenburg County to Forsyth County, finding that the change of venue was mandatory pursuant to N.C.G.S. §57C-6-02.1, which deals with "a proceeding to dissolve a limited liability company."

The Court held, in the alternative, that the change of venue was appropriate for the convenience of the witnesses and the ends of justice.

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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