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FMS MANAGEMENT SYSTEMS, INC. v. THOMAS

No. 8226SC1285.

309 S.E.2d 697 (1983)

FMS MANAGEMENT SYSTEMS, INC. v. E.H. THOMAS and Jesse M. Waller.

Court of Appeals of North Carolina.

December 20, 1983.

Attorney(s) appearing for the Case

Young, Moore, Henderson and Alvis, P.A. by Edward B. Clark and B.T. Henderson, II, Raleigh, for plaintiff-appellee.

Parker Whedon, Charlotte, for defendants-appellants.

VAUGHN, Chief Judge.

Defendants contend that the trial court erred in denying their motions for judgment on the pleadings and summary judgment and granting plaintiff's motion for judgment on the pleadings since the subject of the Florida judgment is against the policy of and could not have been entertained in a North Carolina court. We find no merit in defendants' contention.

Under G.S. 45-21.38, which abolishes deficiency judgments in purchase money transactions...

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