Duyck v. International Playtex, Inc , 144 Mich. App. 595 ( 1985 )

J. H. Gillis, J.

(dissenting). I respectfully dissent. The disposition of a motion for change of venue brought pursuant to GCR 1963, 403 is discretionary, and thus a trial court’s ruling on the motion will not be reversed absent an abuse of discretion. Plaintiff must therefore establish that the trial court’s ruling is "so palpably and grossly violative of fact and logic that it evidences not the exercise of will but perversity of will, not the exercise of judgment but defiance thereof, not the exercise of reason but rather of passion or bias”. Spalding v Spalding, 355 Mich 382, 384-385; 94 NW2d 810 (1959). My review of the factors considered by the trial court convinces me that the discretion was properly exercised. In my opinion, this case has absolutely no connection to Wayne County. Under such circumstances, the trial court’s conclusion that the convenience of the parties and witnesses would be better served by changing venue to Ma-comb County does not, to my mind, constitute an abuse of discretion. I would vote to affirm.