PHIL MECHANIC CONSTRUCTION COMPANY INC. v. HAYWOOD

No. 8129SC425.

289 S.E.2d 134 (1982)

PHIL MECHANIC CONSTRUCTION COMPANY, INC. and John E. Shackelford, Substitute Trustee v. Conrad HAYWOOD and Geneva Haywood.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Riddle, Shackelford & Hyler by John E. Shackelford, Asheville, for petitioners-appellants.

George R. Morrow and J. H. Burwell, Jr., Rutherfordton, for respondents-appellees.


MORRIS, Chief Judge.

Petitioners cite authority for the proposition that the court erred in its dismissal of the proceeding for failure to prosecute, because there was no finding that petitioners engaged in delay tactics. They also contend that the court improperly dismissed the action on its own motion, and note that there is no indication in the order of the Superior Court with respect to whether the case was ever reached for hearing.

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