CAPITAL OUTDOOR ADVERTISING, INC. v. CITY OF RALEIGH

No. 136PA93.

446 S.E.2d 289 (1994)

337 N.C. 150

CAPITAL OUTDOOR ADVERTISING, INC., Carolina Posters Corporation, Harris Signs, Inc., Hogan Outdoor of Raleigh, Inc., and Whiteco Industries, Inc., t/a Whiteco Metrocom, Inc. v. The CITY OF RALEIGH, a North Carolina Municipal Corporation.

Supreme Court of North Carolina.

July 29, 1994.


Attorney(s) appearing for the Case

Wilson & Waller, P.A. by Betty S. Waller and Brian E. Upchurch, Raleigh, for plaintiffs-appellees.

Thomas A. McCormick, City Atty. by Ira J. Botvinick, Deputy City Atty., for defendant-appellant.


MEYER, Justice.

The dispositive issues before this Court are (1) whether the trial judge had jurisdiction to enter the order dismissing plaintiffs' complaint, and (2) whether the trial judge erred in dismissing plaintiffs' complaint for the reason that it was time-barred. The Court of Appeals panel below (1) held that the trial judge erred in signing the dismissal order in question because he lacked jurisdiction to sign the order out of term, and (2) did not reach...

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