LOMAX v. SHAW

No. 9018SC241.

400 S.E.2d 97 (1991)

101 N.C. App. 560

Thomas LOMAX and wife, Betty Lomax, Plaintiffs, v. William Joyner SHAW and Charles Franklin Shaw, d/b/a The Horseshoe Lounge, Defendants.

Court of Appeals of North Carolina.

February 5, 1991.


Attorney(s) appearing for the Case

Gabriel, Berry & Weston by M. Douglas Berry, Greensboro, for plaintiffs, appellees.

Scott, Hill, Hovis and Lutz by Frederick S. Lutz, High Point, for defendants, appellants.


LEWIS, Judge.

This appeal raises the issue of whether a Superior Court judge has the authority to impose sanctions striking the defendants' answer when the defendants renege on an agreement to settle the dispute. The case was removed from the trial calendar based upon counsels' representations in open court that the case had been settled.

Plaintiffs filed this dram shop action on 7 June 1988. Defendants filed an answer in response to plaintiffs' claims. The...

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