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BERKELEY FEDERAL SAVINGS BANK v. TERRA DEL SOL, INC.

No. COA94-830.

457 S.E.2d 736 (1995)

119 N.C. App. 249

BERKELEY FEDERAL SAVINGS BANK (f/k/a Berkeley Federal Savings and Loan Association), a federally chartered savings bank, Plaintiff, v. TERRA DEL SOL, INC., a Kentucky corporation, Steven K. Smith, a natural person; Lindenwood Land Company, Ltd., a Kentucky limited partnership; Ilex Property Services, Inc., a Kentucky corporation; Horizon Resorts, Inc., a North Carolina corporation; Foxfire Resorts, Inc., a North Carolina corporation; First Resort Properties of N.C., Inc., a North Carolina corporation; Ranch Resorts of N.C., Inc., a North Carolina corporation; Gulf Coast Land Company, an administratively dissolved Florida corporation, and Premier Resorts, Inc., an involuntarily dissolved Massachusetts corporation, Defendants.

Court of Appeals of North Carolina.

June 6, 1995.

Attorney(s) appearing for the Case

Brown & Bunch by Charles Gordon Brown and John C. Schafer, Chapel Hill, for plaintiff-appellant.

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

EAGLES, Judge.

Plaintiff contends that the trial court erred in dismissing plaintiff's unadjudicated claims. We agree.

In its order dismissing plaintiff's claims, the trial court held that all of plaintiff's claims in this action arose out of the same transactions and occurrences as defendants' counterclaims in the previous action. The trial court stated:

As a result, the plaintiff's present claims are themselves compulsory counterclaims to the counterclaims...

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