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

No. 271PA95.

461 S.E.2d 753 (1995)

341 N.C. 418

BERKELEY FEDERAL SAVINGS BANK (f/k/a Berkeley Federal Savings and Loan Association), a federally chartered savings bank, 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.

Supreme Court of North Carolina.

September 7, 1995.


Attorney(s) appearing for the Case

Eric C. Rowe, Greensboro, Allen Holt Gwyn, Reidsville, for Terra Del Sol, et al.

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


Prior report: 119 N.C. App. 249, 457 S.E.2d 736.

ORDER

Upon consideration of the petition filed by Defendants (Terra Del Sol, Inc., Smith, Lindenwood, Ilex, Horizon, Foxfire, First Resort & Ranch Resorts) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified...

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