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A&D Envtl. Servs. v. Miller

Court of Appeals of North Carolina

April 7, 2015

A& D ENVIRONMENTAL SERVICES, INC., Plaintiff,
v.
JOEL E. MILLER, Defendant

Heard in the Court of Appeals January 8, 2015

Guilford County. No. 14 CVS 6328.

Graebe Hanna & Sullivan, PLLC, by M. Todd Sullivan and Mark R. Sigmon for Defendant-Appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by James C. Adams, II, and Andrew L. Rodenbough for Plaintiff-Appellee.

DILLON, Judge. Judges BRYANT and STEPHENS concur.

OPINION

Appeal by Defendant from order entered 6 June 2014 by Judge Richard L. Doughton in Guilford County Superior Court.

DILLON, Judge.

Joel E. Miller (" Defendant" ) appeals from an order denying his motion to dismiss for improper venue pursuant to Rule 12(b)(3) of the Rules of Civil Procedure.[1] For the following reasons, we affirm.

I. Background

Plaintiff A& D Environmental Services, Inc., is a North Carolina corporation with its principal place of business in Guilford County. Plaintiff provides environmental services to clients throughout North Carolina and other states.

Defendant, a resident of Orange County, was hired by Plaintiff in 2011. As a condition of employment, Defendant signed a non-compete, non-solicitation, confidentiality agreement (the " Agreement" ). The Agreement contained a clause entitled " Applicable Law, Exclusive Venue, Consent to Jurisdiction" which contained the following language:

. . . . Moreover, any litigation under this Agreement shall be brought by either party exclusively in Mecklenburg County, North Carolina. . . . As such, the Parties irrevocably consent to the jurisdiction of

Page 756

the courts of Mecklenburg County, North Carolina (whether federal or state) for all disputes ...

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