A North Carolina court has ruled that a business dispute involving Apex Elastics, LLC and its former partners will remain in Wake County. The decision came after defendants Joseph Tucker and The Filter Shop, LLC filed a motion to dismiss the case or transfer it to Gaston County, arguing that Wake County was an improper venue. The court's ruling is significant for businesses navigating venue issues in legal disputes.
The case, Apex Elastics, LLC v. Tucker, was filed in the North Carolina Business Court under docket number 25-CVS-44481. The court's opinion, issued by Judge Matthew T. Houston on September 9, 2026, addressed the defendants' claims regarding the proper venue for the lawsuit. This ruling affects the parties involved in the dispute and sets a precedent for similar cases in the future.
Background
Apex Elastics, LLC is a North Carolina limited liability company owned by Thomas W. Lewis, who also serves as a third-party defendant in the case. The company specializes in textile manufacturing, particularly personal protective equipment such as face masks. Both Lewis and Apex Elastics are based in Wake County.
The defendants, Joseph Tucker and The Filter Shop, LLC, are also North Carolina entities, with Tucker serving as the managing member of The Filter Shop. Both Tucker and co-defendant Kirk Deverick reside in Gaston County, where The Filter Shop is located. The dispute arose from a joint venture agreement between the parties to enhance manufacturing capacity using Apex Elastics' equipment.
The joint venture, referred to as Apex Medical, operated across both Wake and Gaston Counties. However, as the relationship deteriorated, Apex Elastics accused the defendants of various misdeeds, including commingling funds and failing to provide accounting records. The conflict escalated, leading Apex Elastics to file the lawsuit in December 2025, seeking multiple forms of relief, including monetary damages and the return of personal property.
The Ruling
The court ruled against the defendants' motion to dismiss or transfer the case. Judge Houston found that the primary relief sought by Apex Elastics was not solely the recovery of personal property, as claimed by the defendants. Instead, the court noted that the majority of the claims involved monetary damages related to the joint venture.
The court stated, "the gist of Plaintiff’s complaint is that the relationship at issue was an oral joint venture gone awry and that the joint venture should be wound down and dissolved, that Plaintiff should be monetarily compensated for Defendants’ alleged wrongdoing."
Furthermore, the court determined that since Apex Elastics is a resident of Wake County, the venue was appropriate under North Carolina law. The ruling emphasized that the defendants failed to provide sufficient evidence to support their claim that a transfer to Gaston County would promote the convenience of witnesses or the ends of justice.
Impact
This ruling has implications for businesses involved in legal disputes, particularly regarding venue selection. By affirming Wake County as the proper venue, the court reinforces the principle that a plaintiff's choice of venue should generally be respected unless compelling reasons justify a change. The decision may serve as guidance for future cases where venue issues arise, especially in business partnerships and joint ventures.
The court's denial of the motion to dismiss for improper venue also highlights the importance of providing substantial evidence when requesting a change of venue. The defendants' failure to present adequate proof weakened their argument, illustrating that mere assertions are insufficient in legal proceedings.
What's Next
The defendants may have the option to appeal the ruling, although details were not available in the court filing regarding any potential appeal. As the case progresses, both parties will continue to prepare for trial in Wake County, where the court has determined the proceedings will take place.