STEEL CREEK DEVELOPMENT CORPORATION v. JAMES

No. 7726SC235.

241 S.E.2d 122 (1978)

35 N.C. App. 272

STEEL CREEK DEVELOPMENT CORPORATION and R. S. Smith and wife, Evelyn L. Smith, Additional Parties, v. Earl Terry JAMES and wife Martha S. James d/b/a Terry's Marina.

Court of Appeals of North Carolina.

February 7, 1978.


Attorney(s) appearing for the Case

Fairly, Hamrick, Monteith & Cobb by Laurence A. Cobb, Charlotte, for plaintiffs-appellees.

Richard A. Cohan, Charlotte, for defendants-appellants.


WEBB, Judge.

We note at the outset that the appellants did not comply with the rules in that the record does not contain all the pleadings filed in the Superior Court of Mecklenburg County. Rule 9(b)(1), Court of Appeals Rules. We have, nevertheless, decided to overlook this violation and decide the matter on its merits.

We believe that Judge Graham was in error in allowing the motion of the plaintiffs. The order of Judge Thornburg provided that the defendants...

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