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BERKELEY FEDERAL S&L ASS'N v. TERRA DEL SOL, INC.

No. 9220SC271.

433 S.E.2d 449 (1993)

BERKELEY FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered savings and loan association, Plaintiff-Appellee, v. TERRA DEL SOL, INC., a Kentucky corporation; First Resort Properties of N.C., Inc., a North Carolina corporation; Foxfire Resorts, Inc., a North Carolina corporation; Horizon Resorts, Inc., a North Carolina corporation; Ranch Resorts of N.C., Inc., a North Carolina corporation; Village Management, Inc., a North Carolina corporation, Premier Resorts, Inc., a Massachusetts corporation; Gulf Coast Land Company, a Florida corporation; Lindenwood Land Company, Ltd., a Kentucky limited partnership; Ilex Property Services, Inc., a Kentucky corporation; Steven K. Smith, Thomas E. Neal, William A. Bailey, William D. Baker, L. Robey Crowe, E. Earl Donaldson, Larry L. Hamer, E. William Langford Jr., James Lonowski, Marianna S. Smith, and Jerry E. Winn, Defendants-Appellants.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Brown & Brunch by Charles Gordon Brown, Chapel Hill, for plaintiff-appellee.

Patton, Boggs & Blow by Eric C. Rowe and Allen Holt Gwyn, Greensboro, for defendants-appellees.

MARTIN, Judge.

Defendants gave notice of appeal on 11 October 1991 from (1) Judge Seay's order dated 22 December 1988 granting plaintiff summary judgment with respect to its claims for breach of contract against defendants First Resort, Ranch Resorts, Horizon and Foxfire Resorts; (2) Judge Seay's order dated 22 December 1988 dismissing defendants' counterclaims; (3) Judge Herring's order dated 15 October 1991 denying defendants' motions for relief from Judge Seay...

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