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LOFTIS v. REYNOLDS

No. 9121SC304.

414 S.E.2d 378 (1992)

105 N.C. App. 697

Jean Good LOFTIS and Cedric J. Loftis, Jr., Plaintiffs, v. Jerry Ralph REYNOLDS and Deborah Reynolds Fulp, Defendants.

Court of Appeals of North Carolina.

March 17, 1992.

Attorney(s) appearing for the Case

White and Crumpler by Fred G. Crumpler, Jr. and Dudley A. Witt, Winston-Salem, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice by Reid C. Adams, Jr. and Mary J. Davis, Winston-Salem, for defendants-appellees.

WELLS, Judge.

In their motion for relief from judgment, plaintiffs argued the forecast of evidence with respect to the payment by plaintiffs' insurance company to defendant Deborah Fulp, and then concluded their motion with the following two paragraphs and prayer:

VI.

That the plaintiffs thereby submit that the defendant should have been estopped from asserting that Counterclaim as there would be no facts to support the jury awarding any more compensation...

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