Voravudhi v. Voravudhi
Voravudhi v. Voravudhi
Opinion of the Court
This appeal is from an order denying a change of venue in a divorce action. We affirm.
The trial court properly ruled that according to Code § 20-3-60 (1976), venue was proper in Florence County since the parties last resided there as husband and wife. That provision states:
“Actions for divorce from the bonds of matrimony shall be tried in the county (a) in which the defendant resides at the time of the commencement of the action, (b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found or (c) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident in which case it must be brought in the county in which the defendant resides.” (Emphasis supplied).
Appellant asserts the “shall” indicates a mandatory directive that actions for divorce must be tried in the county in which the defendant resides at the time of the commencement of the action. This construction is erroneous as it renders nugatory the word “or” which indicates the action is triable in any one of the three alternative places. See concurring opinion of Justice Oxner, Thomas v. Thomas, 218 S. C. 235, 62 S. E. (2d) 307 (1950); 1953-54 Op. Atty. Gen. 78.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.