WHITFIELD v. WINSLOW

No. 802SC28.

268 S.E.2d 245 (1980)

48 N.C. App. 206

Floyd A. WHITFIELD v. Henry B. WINSLOW.

Court of Appeals of North Carolina.

August 5, 1980.


Attorney(s) appearing for the Case

Wilkinson & Vosburgh by John A. Wilkinson, Washington, and Gurganus & Bowen by Edgar J. Gurganus, Williamston, for plaintiff-appellant.

Griffin & Martin by Hugh M. Martin, Williamston, Everett & Cheatham by C. W. Everett, Sr., Bethel, Speight, Watson & Brewer, by William C. Brewer, Jr., Greenville, for defendant-appellee.


WELLS, Judge.

This appeal presents one question for our review: whether plaintiff's claim was barred by the statute of limitations. First we note that summary judgment was not the appropriate basis for disposition of this case at the trial level. As there were no materials before the trial court other than plaintiff's complaint, we shall treat defendant's motion as if it were a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6). Industries, Inc. v. Construction...

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