JERRY BAYNE, INC. v. SKYLAND INDUSTRIES, INC.

No. 9129SC1174.

423 S.E.2d 521 (1992)

108 N.C. App. 209

JERRY BAYNE, INC., Plaintiff, v. SKYLAND INDUSTRIES, INC., and S. Wade Hall, Saundra D. Hall, a/k/a Tour-O-Tel of Asheville, Inc., Defendants.

Court of Appeals of North Carolina.

December 15, 1992.


Attorney(s) appearing for the Case

Safran Law Offices, by Perry R. Safran, Raleigh, for plaintiff appellant.

Roberts, Stevens & Cogburn, P.A., by Allan P. Root, Asheville, for defendant appellee.


WALKER, Judge.

Plaintiff assigns as error the trial court's refusal to enter judgment for sanctions against defendant pursuant to Rule 11 on the ground that the evidence established as a matter of law that defendant's actions violated this rule. Specifically, plaintiff argues Rule 11 was violated because: (1) the answer filed by Skyland's attorney Allan P. Root was neither formed after reasonable inquiry nor well-grounded in fact, was not legally justifiable, and...

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