TD BANK, N.A. v. MIRABELLA

No. COA11-1178.

725 S.E.2d 29 (2012)

TD BANK, N.A., Plaintiff, v. Salvatore MIRABELLA, Defendant.

Court of Appeals of North Carolina.

March 20, 2012.


Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A., Asheville, by Esther E. Manheimer , for plaintiff-appellee.

Ferikes & Bleynat, PLLC, Asheville, by Edward L. Bleynat, Jr. , for defendant-appellant.


STROUD, Judge.

Defendant appeals an order granting summary judgment in favor of plaintiff. For the following reasons, we reverse and remand for further proceedings consistent with this opinion.

I. Background

On 8 December 2010, plaintiff filed a complaint against defendant alleging "[t]hat the Defendant has failed, refused, and neglected to pay the amount due on" a promissory note ("Note") of which "Plaintiff is the owner and holder[.]" Plaintiff...

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