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BACKER v. GOMEZ

No. 8512DC683.

341 S.E.2d 90 (1986)

Charles BACKER and wife, Marie B. Backer v. Carlos GOMEZ and wife, Barbara Jones Gomez.

Court of Appeals of North Carolina.

April 1, 1986.

Attorney(s) appearing for the Case

Charles Backer, pro se.

Marie B. Backer, pro se.

Beaver, Thompson, Holt & Richardson, P.A. by H. Gerald Beaver and Mark A. Sternlicht, Fayetteville, for defendant-appellants.

JOHNSON, Judge.

By their sole issue raised in this appeal, defendants contend that the Superior Court judgment of 4 October 1984 terminating plaintiffs' lease with Homeland, Inc. precluded plaintiffs from asserting any leasehold rights under the lease. We disagree.

N.C.G.S. 1-289 regarding undertaking to stay execution on a money judgment provides in pertinent part that:

If the appeal is from a judgment...

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