RAINTREE HOMEOWNERS ASS'N v. RAINTREE CORP.

No. 8226SC821.

303 S.E.2d 579 (1983)

RAINTREE HOMEOWNERS ASSOCIATION, INC., and Larry L. Falcone, individually, and on behalf of other persons similarly situated v. RAINTREE CORP., a corporation.

Court of Appeals of North Carolina.

June 21, 1983.


Attorney(s) appearing for the Case

Weaver & Bennett by F. Lee Weaver, Matthews, for plaintiffs, appellants.

Kennedy, Covington, Lobdell & Hickman by Edgar Love, III, Charlotte, for defendant, appellee.


HEDRICK, Judge.

Plaintiffs first ask us to consider whether it was error for the trial court to permit the filing of affidavits supporting defendant's motion for summary judgment.

Plaintiffs point out that the trial court's order, "That defendant's motion to dismiss and for summary judgment as to the complaint be granted and that the complaint and each claim thereunder be dismissed" is unclear as to whether it is based on the pleadings alone or whether matters...

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