WEST END III LTD. PARTNERS v. LAMB

No. 9015SC802.

402 S.E.2d 472 (1991)

WEST END III LIMITED PARTNERS, a North Carolina Limited Partnership, and Tristar Development Group, a North Carolina General Partnership, Plaintiffs/Appellants, v. Gwendolyn H. LAMB, Substitute Trustee, and Sally Markham Michie, By and Through Guido De Maere, as Legal Guardian of her Estate, Defendants/Appellees.

Court of Appeals of North Carolina.

April 2, 1991.


Attorney(s) appearing for the Case

Northen, Blue, Little, Rooks, Thibaut & Anderson by Charles T.L. Anderson, Chapel Hill, for plaintiffs-appellants.

R. Michael Pipkin, P.A., Chapel Hill, for Sally Markham Michie by and through Guido De Maere, as Legal Guardian of her Estate, for defendants-appellees.


COZORT, Judge.

Plaintiffs commenced this action seeking injunctive and declaratory relief from a foreclosure proceeding and attempted enforcement of provisions in a promissory note. The trial court granted defendants' motion for summary judgment and enforced the attorney's fees, trustee's fees and interest provisions of the note. Plaintiffs appeal the portion of the court's order which provides that defendants are entitled to judgment in the sum of $39,924.24 in attorney...

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