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Kolb v. Monroe6/24/1998
two paragraphs quoted above, gives no indication the document is an application or request for court action. Indeed, the final paragraph informs plaintiff that if consent is not forthcoming, Monroe will at some future time seek a court order to change venue to Brown County. Contrast the language in these paragraphs with the language in Monroe's notice of hearing filed with the trial court June 16, 1997:
Defendants, by and through their counsel of record, hereby move the Court for transfer of venue pursuant to SDCL 15-5-6 or 15-5-8. This motion is based upon the pleadings, and upon all of the file materials, entitling these Defendants to a transfer of venue.
[ ] It is this notice of hearing which moved the trial court for an order transferring venue. As this document was filed some seven months after the thirty-day statutory deadline, Monroe waived his right to a change of venue under SDCL 15-5-10. Nielsen, 1997 SD 117, Section 4, 571 NW2d at 654; Williams, 392 NW2d at 833. Moreover, he has failed to show the trial court abused its discretion in denying the motion.
[ ] We affirm.
[ ] MILLER, Chief Justice, and SABERS, AMUNDSON, KONENKAMP, and GILBERTSON, Justices, participating.
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