FOX v. BARRETT

No. 8715SC1066.

367 S.E.2d 412 (1988)

Charles D. FOX, III and wife, Frances Preston Venable Fox v. Gerald A. BARRETT, Jr. and the Little Creek Company, Inc.

Court of Appeals of North Carolina.

May 3, 1988.


Attorney(s) appearing for the Case

Emanuel and Emanuel by Robert L. Emanuel, Raleigh, for plaintiff-appellants.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Susan K. Burkhart, Raleigh, for defendant-appellees.


WELLS, Judge.

Plaintiffs' Appeal

The question is whether the trial court properly ruled on the motions before it. For the reasons to follow, we affirm the trial court's dismissal of plaintiffs' claims for abuse of process and libel; we decline to consider plaintiffs' appeal of the denial of their motion for summary judgment in their favor; and we dismiss defendants' cross-appeal.

On 18 November 1981 the plaintiffs joined with their children...

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