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GRIFFIN v. BAUCOM

Nos. 8420SC736, 8420SC962.

328 S.E.2d 38 (1985)

J. Earl GRIFFIN, George V. Griffin, Elizabeth Griffin Parker, Alma Griffin Brooks, Fae Griffin Purser, Frances Griffin Helms, Madge Chaney Jarvis, Wanda Chaney Holbrook, Hubert C. Chaney, Jr., Myrtle C. Myers and Barbara Griffin Ellis v. Beulah R. BAUCOM, individually and as administratrix of the Estate of Otha L. Griffin, and Eunice R. Griffin.

Court of Appeals of North Carolina.

April 16, 1985.

Attorney(s) appearing for the Case

Berry, Hogewood, Edwards & Freeman, P.A. by Mark B. Edwards and Dean Gibson, for plaintiffs-appellants.

Griffin, Caldwell, Helder & Steelman, P.A. by C. Frank Griffin and Thomas J. Caldwell, for defendants-appellees.

MARTIN, Judge.

Plaintiffs assign as error on appeal the entry of summary judgment against them and the denial of their motion to amend their complaint to conform to the evidence. We agree that summary judgment for defendants was improvidently granted, but uphold the order denying plaintiffs' motion to amend their complaint.

We first address plaintiffs' contention that summary judgment was improperly allowed. Summary judgment should be rendered upon motion...

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