JOE NEWTON, INC. v. TULL

No. 8426SC1005.

330 S.E.2d 664 (1985)

JOE NEWTON, INC., a North Carolina Corporation, v. R. Read TULL, Charles W. Tull, Phyllis B. Tull; Sunbelt Properties, a Florida Limited Partnership; Idlewild Limited Partnership, a North Carolina Limited Partnership; Allied Properties Corporation, a North Carolina Corporation.

Court of Appeals of North Carolina.

June 18, 1985.


Attorney(s) appearing for the Case

Erdman & Boggs by David C. Boggs and Kevin L. Barnett, Charlotte, for plaintiff appellant.

Richard A. Cohan, Charlotte, for defendants-appellees.


MARTIN, Judge.

Plaintiff assigns as error (1) the trial court's failure to rule upon plaintiff's motion to strike defendants' answer, and (2) the granting of summary judgment in favor of defendants. We conclude that neither assignment has merit and we affirm the judgment of the trial court.

Initially, plaintiff contends that the trial court erred in not ruling upon its motion to strike the answer before considering defendants' motion for summary judgment....

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