ROBERTSON v. BOYD

No. 8729SC444.

363 S.E.2d 672 (1988)

88 N.C. App. 437

William Earl Sutton ROBERTSON and wife, Kathryn L. Robertson v. Finis C. BOYD and wife, Betty J. Boyd: Go-Forth Services, Inc.; and Booth Realty, Inc.

Court of Appeals of North Carolina.

January 19, 1988.


Attorney(s) appearing for the Case

Arledge-Callahan Law Firm by J. Christopher Callahan, Rutherfordton, for plaintiffs-appellants.

Hamrick, Bowen, Nanney and Dalton by Walter H. Dalton, Rutherfordton, for defendant-appellee Booth Realty, Inc.

Tomblin and Perry by Vance M. Perry, Spindale, for defendants-appellees Finis C. Boyd and Betty J. Boyd.

Roberts Stevens and Cogburn, P.A. by Frank P. Graham, Glenn S. Gentry, Asheville, and Robert W. Wolf, Forest City, for defendant-appellee Go-Forth Services, Inc.


PARKER, Judge.

Plaintiffs first assign error to the trial court's dismissal of plaintiffs' complaint for failure to state a claim upon which relief can be granted. Plaintiffs' second assignment of error is that the trial court erred in granting defendants' motions for judgment on the pleadings. Plaintiffs contend that the trial court had no authority to rule on the motions for judgment on the pleadings after plaintiffs had filed a notice of appeal from the court's...

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