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STATE FARM FIRE AND CAS. CO. v. DURAPRO

No. COA10-611.

713 S.E.2d 1 (2011)

STATE FARM FIRE AND CASUALTY CO., as Subrogee of Jason Torrance, Plaintiff, v. DURAPRO; Watts Water Technologies, Inc.; Waxman Industries, Inc.; Barnett Brass and Copper, Inc.; Nibco, Inc.; Linx Ltd.; Interline Brands, Inc., Defendants.

Court of Appeals of North Carolina.

May 17, 2011.

Attorney(s) appearing for the Case

Law Office of Stephen R. Paul , Chapel Hill, by Stephen R. Paul and L. Skye MacLeod , for plaintiff-appellee.

Forman Rossabi Black , P.A., Greensboro, by Emily J. Meister and Amiel J. Rossabi , for defendant-appellant Linx, Ltd.

GEER, Judge.

Defendant Linx, Ltd. appeals from an order of the trial court denying its motion to dismiss plaintiff State Farm Fire and Casualty Co.'s complaint for lack of personal jurisdiction. Under N.C. Gen.Stat. § 7A-258(f) (2009) and Rule 12 of the Rules of Civil Procedure, Linx waived its personal jurisdiction defense when it filed its motion to dismiss two months after having filed a motion to transfer the action from district court to superior court....

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