THORNBURG v. LANCASTER

No. 7918SC893.

266 S.E.2d 738 (1980)

Sharron Y. THORNBURG v. Robert Alexander LANCASTER and Martha Mitchell Lancaster.

Court of Appeals of North Carolina.

June 3, 1980.


Attorney(s) appearing for the Case

Gerald S. Schafer, Greensboro, for plaintiff-appellant.

Tuggle, Duggins, Meschan, Thornton & Elrod by Richard L. Vanore, Greensboro, for defendants-appellees.


ERWIN, Judge.

In connection with its denial of defendants' motions for dismissal under G.S. 1A-1, Rule 12, of the Rules of Civil Procedure and for summary judgment, the trial court ordered plaintiff to return the money paid to her by defendants' insurer. Plaintiff contends that G.S. 1-540.3 makes this order improper.

G.S. 1-540.3(a) provides that in bodily injury claims, advance or partial payments may be made and that the receipt of such advance or partial...

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