SWINDELL v. OVERTON

No. 323PA83.

314 S.E.2d 512 (1984)

310 N.C. 707

Roger SWINDELL and wife, Betty L. Swindell v. Larry OVERTON, Substitute Trustee, Thomas Edison Cahoon and wife, Julia Jones Cahoon, Walter G. Credle and wife, Donna S. Credle.

Supreme Court of North Carolina.

April 30, 1984.


Attorney(s) appearing for the Case

J. Michael Weeks, P.A. by J. Michael Weeks, Zebulon, for plaintiffs.

Cherry, Cherry, Flythe & Overton by Thomas L. Cherry and Joseph J. Flythe, Ahoskie, for defendant Overton.

Geo. Thomas Davis, Jr., Swan Quarter, for defendants Credle.


MARTIN, Justice.

In its opinion, the Court of Appeals held that pursuant to N.C.G.S. 45-21.34, .35, Judge Peel had correctly entered summary judgment for defendants Overton, Cahoon, and Credle as to plaintiffs' right to injunctive relief in this matter. "Once the Clerk's Order of Confirmation is entered, an action for injunctive relief will not lie...." 62 N.C.App. at 166, 302 S.E.2d at 845. The opinion further concluded, at least by implication that the plaintiffs...

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