WHYBURN v. NORWOOD

No. 7915SC1175.

267 S.E.2d 374 (1980)

47 N.C. App. 310

Clifton T. WHYBURN v. H. Ross NORWOOD and wife, Stella G. Norwood; Ronald Benoit; Nancy R. Robinson; Judy R. Harris; Joseph C. Phillips and wife, Teresa A. Phillips; Robert E. Tibbs, Sr., and wife, Carole R. Tibbs; Timir Banerjee and wife, Rita Marie Banerjee; Kenneth W. Waters and wife, Lila C. Waters; Regine Nauman Hayes and husband, Ted W. Hayes; Rex E. Brooks and wife, Carolyn L. Brooks; Mary C. Wientjes; Daniel A. O'Neal and wife, Jackie W. O'Neal; Dyal Jean Weaver; David W. Holmes and wife, Kathleen M. Holmes; Pierre Morell and wife, Bonnie B. Morell; the Guaranty State Bank, a North Carolina Corporation; the Central Carolina Bank and Trust Company, a North Carolina Corporation.

Court of Appeals of North Carolina.

June 17, 1980.


Attorney(s) appearing for the Case

Epting, Hackney & Long by Joe Hackney, Chapel Hill, for plaintiff-appellee.

Gunn & Messick by Paul S. Messick Jr., and Billy C. Hamlet, Pittsboro, for defendants-appellants.


HILL, Judge.

The question on appeal is whether the trial court erred by granting plaintiff's motion for summary judgment dismissing the defendants Norwoods' counterclaim. The issue raises at least three questions of law which must be addressed by this Court, all of which derive their thrust from the lis pendens filed in this cause.

G.S. 1-116(a) provides that, "[A]ny person desiring the benefit of constructive notice of pending litigation must file a separate...

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