RAINTREE CORP. v. ROWE

No. 7825DC46.

248 S.E.2d 904 (1978)

38 N.C. App. 664

RAINTREE CORPORATION v. James B. ROWE, Sr., and wife, Nina F. Rowe.

Court of Appeals of North Carolina.

November 21, 1978.


Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman by Edgar Love, III, and James C. Hord, Charlotte, for plaintiff-appellant.

James, McElroy & Diehl, P. A. by William K. Diehl, Jr., Charlotte, for defendant-appellee Nina F. Rowe.

McConnell, Howard, Johnson, Pruett, Jenkins & Bragg, P. A. by Carl W. Howard and Mary Jean Hayes, Charlotte, for defendant-appellee James B. Rowe, Sr.


HARRY C. MARTIN, Judge.

Plaintiff's appeal raises four assignments of error.

Plaintiff's first assignment of error was the trial court's treating of defendants' Rule 12(b)(6) motions to dismiss for failure to state a claim upon which relief may be granted as motions for summary judgment. Plaintiff complains it did not have 10 days' notice as required by Rule 56(c), nor was it given a reasonable opportunity to present all material made pertinent to the motions...

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