BERKELEY FEDERAL SAVINGS AND LOAN ASSOCIATION v. TERRA DEL SOL, INC.

No. 494P93.

441 S.E.2d 110 (1994)

335 N.C. 552

BERKELEY FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered savings and loan association 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.

Supreme Court of North Carolina.

January 27, 1994.


Attorney(s) appearing for the Case

Allen Holt Gwyn, Eric C. Rowe, Greensboro, Randall S. Hiller, Greenville, SC, for Terra Del Sol, et al.

Charles Gordon Brown, John C. Schafer, Chapel Hill, for Berkeley.


Prior report: 111 N.C. App. 692, 433 S.E.2d 449.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendants pursuant to G.S. 730, and the motion to dismiss the appeal for lack of constitutional issue filed by the Plaintiff, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

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