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WALLACE BUTTS INS. AGENCY, INC. v. RUNGE

No. 8310SC593.

314 S.E.2d 293 (1984)

WALLACE BUTTS INSURANCE AGENCY, INC. v. Tommy RUNGE.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Reynolds & Cox, P.A. by Ted R. Reynolds and Maria J. Mangano, Raleigh, for plaintiff appellant.

House, Blanco & Osborn, P.A. by Lawrence U. McGee and John S. Harrison, Winston-Salem and Sanford, Adams, McCullough & Beard, by E.D. Gaskins, Jr. and H. Hugh Stevens, Jr., Raleigh, for defendant appellee.

HILL, Judge.

Plaintiff contends the restraining order was improvidently dissolved because (1) defendant was interfering with a substantial right of plaintiff, and (2) the court's finding the covenant to be unenforceable "as a matter of law" in effect decides the action. Plaintiff asserts the order was erroneous both procedurally and substantively. We do not agree and overrule plaintiff's first assignment of error.

The standard for issuance of a preliminary...

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