CAROLINA BUILDERS CORP. v. GELDER & ASSOC.

No. 8110SC415.

289 S.E.2d 628 (1982)

CAROLINA BUILDERS CORPORATION v. GELDER & ASSOCIATES, INC., Clarence W. Gelder and Edgar R. Bain, Substitute Trustee.

Court of Appeals of North Carolina.

April 6, 1982.


Attorney(s) appearing for the Case

Joslin, Culbertson, Sedberry & Houck by William Joslin, Raleigh, for plaintiff-appellant.

Edgar R. Bain and Elaine F. Capps, Lillington, for defendant-appellee.


BECTON, Judge.

Plaintiff assigns error to the trial court's failure to rule on the motion to amend its complaint. The trial court apparently gave no consideration to the amended complaint in ruling on the summary judgment motion for it refused to allow plaintiff to include it in the record on appeal. We subsequently allowed plaintiff to file it as an amendment to the record pursuant to App.R. 9(b)(6).

We hold that the trial court's failure to rule on the motion...

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