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DANIEL BOONE COMPLEX, INC. v. FURST

No. 8115SC863.

291 S.E.2d 296 (1982)

DANIEL BOONE COMPLEX, INC., A North Carolina Corporation, Camilco, Inc., a Virginia Corporation, Clarence A. McGillen, Jr., and Linda S. Broyhill McGillen v. Mitchell FURST, Individually, Mitchell Furst, Trustee and Matthew Mezzanotte. Mitchell FURST, Trustee, Plaintiff, v. CAMILCO, INC., and Clarence A. McGillen, Jr., Defendants. CAMILCO, INC., Plaintiff, v. Mitchell FURST, Trustee, Mitchell Furst, Individually, Matthew N. Mezzanotte and wife, Genevieve D. Mezzanotte.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

Charles Darsie, Durham and Robert E. Cooper, Chapel Hill, for plaintiffs-appellants.

Newsom, Graham, Hedrick, Murray, Bryson & Kennon by Josiah S. Murray, III, Durham, for defendants-appellees.

WELLS, Judge.

In their first assignment of error, plaintiffs contend the trial court erred in denying their motion to continue the case when it was called for the second trial. Defendant strongly resisted the motion when it was made to the trial court. G.S. 1A-1, Rule 40(b) of the Rules of Civil Procedure provides that continuances "may be granted only for good cause shown...". Upon a motion for continuance, which is addressed to the sound discretion of the trial...

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