| THOMAS W. NODEEN, et ux. v. ANJA | | | | correct in vacating the order of the Circuit Court |
| SIGURDSSON | | | | for Calvert County? |
| COURT OF APPEALS OF MARYLAND | | | | - Whether the trial court erred when it |
| April 7, 2009 | | | | transferred Mother's action to the Circuit Court |
| The minor child was born in Anne Arundel County | | | | for Anne Arundel County? |
| and lived there with plaintiff mother until | | | | The Court observed that there can be more than |
| December 2004. The child then lived with first | | | | one appropriate venue in which an action may be |
| paternal aunt, a non-party to the instant action, | | | | filed. When this is the case, a plaintiff is entitled to |
| with the mother's consent and then with | | | | select the forum in which to bring his or her |
| defendants. In a prior custody proceeding in Anne | | | | action. The legal sufficiency of the forum |
| Arundel County, sole legal and physical custody | | | | selected is determined at the time of filing. In |
| was awarded to defendants with visitation to the | | | | the instant matter, Mother filed her complaint in |
| mother. On June 6, 2007, eleven months after | | | | Calvert County, the county where she resided at |
| the Circuit Court for Anne Arundel County | | | | the time of the filing and the county where she |
| granted custody to the Nodeens, Mother filed, in | | | | continues to reside. Calvert County was a proper |
| the Circuit Court for Calvert County, a "Complaint | | | | venue in accordance with § 6-202 of the Courts |
| for Modification of Child Custody Order." The | | | | and Judicial Proceedings Article. This Court held |
| complaint named the Nodeens as defendants. | | | | that the Nodeens did not meet their burden of |
| Defendant filed a preliminary motion to dismiss or | | | | demonstrating that the interests of justice were |
| to transfer, for improper venue, asserting that | | | | better served by transferring Mother's complaint |
| the modification complaint properly, or more | | | | to Anne Arundel County. As noted above, the |
| conveniently, should be handled in the Circuit Court | | | | Nodeens and Wade are not residents of this |
| for Anne Arundel County. On September 20, | | | | State, they reside in Virginia. As Mother points out |
| 2007, the Circuit Court for Calvert County | | | | in her brief, Prince Frederick is only three miles |
| entered an order granting the Nodeen's motion to | | | | further from the Nodeens' residence than |
| transfer venue to Anne Arundel County. There | | | | Annapolis. The evidence presented simply |
| was no hearing. On appeal, the Court of Special | | | | does not support the Circuit Court for Calvert |
| Appeals vacated the order of the Circuit Court | | | | County's conclusion to transfer Mother's action to |
| for Calvert County. The intermediate appellate | | | | Anne Arundel County pursuant to Maryland Rule |
| court noted that the Circuit Court for Anne | | | | 2-327(c). When, at best, the balancing of factors |
| Arundel County had both jurisdiction and venue in | | | | produces equipoise, the plaintiff's choice of forum |
| the original custody action and had continuing | | | | controls. Accordingly, this court that the Circuit |
| jurisdiction over the July 11, 2006 custody order. | | | | Court for Calvert County erred in granting the |
| Accordingly, the intermediate appellate court held | | | | Nodeens' motion to transfer. This court affirms |
| that Anne Arundel County was not an appropriate | | | | the judgment of the Court of Special Appeals for |
| venue whereas Calvert County, where mother | | | | the reasons stated herein. |
| resided and filed her complaint, was an appropriate | | | | Disclaimer: |
| venue under § 6-202 of the Courts and Judicial | | | | These summaries are provided by the SRIS Law |
| Proceedings Article | | | | Group. They represent the firm's unofficial views |
| Issues: | | | | of the Justices' opinions. |
| - Whether the Court of Special Appeals was | | | | |