CAROLINA BLD. CORP. v. ALEXANDER SCOTT GROUP, LTD.

No. 122PA97.

487 S.E.2d 539 (1997)

346 N.C. 276

CAROLINA BUILDERS CORPORATION v. The ALEXANDER SCOTT GROUP, LTD. d/b/a Alexander Scott Homes, and Deborah L. Ruggles, and David A. Ruggles, and First Union Mortgage Corporation, and James A. Abbott, Trustee, and Larry B. Goldstein, and Ricki F. Goldstein, and America's Wholesale Lender, and Countrywide Title Corporation, Trustee, and Robert C. Montgomery, and Mary Anne Montgomery, and Premier Mortgage Corporation, and Richard Warren, Trustee, and A. Troy Barksdale, and Mary Jane Barksdale, and Nationsbank of North Carolina N.A., and Tim, Inc., Trustee, and Michael P. Bernard, and Gail G. Bernard, and First Union National Bank of North Carolina, N.A., and Thomas E. Muse, Trustee, and Gregory A. Quintano, and Theresa A. Quintano, and Jia Lin Chen and Hui Yu Yang, a/k/a Huiyu Yang, and PNC Mortgage Corp. of America, and Craig & Brisson, P.A., Trustee, and Daniel J. McCanna, and Donna E. McCanna, and Bank Plus Mortgage Corp., and David B. Craig, Trustee, and Bruce R. Thorne, and Cynthia Joyce Thorne, and Ryland Mortgage Company, and Walter Z. Rigsbee and Ingrid E. Stegmiller, Trustees, and Larry H. Newell, and Jessie T. Hagins, and Lena Hagins, and James William Applewhite, III, and Karen Applewhite, and Ashton Mortgage Company, and Larry E. Robbins, Trustee, and Robin Lee O'Connor-Semmes, and Karl William Semmes, and GMAC Mortgage Corporation of PA, and Donald L. Morse and Gail Stein, Trustees, and Thomas H. Thompson, and Karla L. Thompson, and Mary S. Mokate, and Mortgage Choice, Inc., and Charles G. Beemer, Trustee, and Anthony J. Roberto, and Debra D. Roberto, and Sandra Elizabeth Muth, and Norwest Mortgage, Inc., and Spruillco, Ltd., Trustee, and James D. Addison, and Shanlyn S. Addison, and Blake E. Millinor, and Lewis H. Nagler, and Barbara A. Nagler, and Atlantic Residential Mortgage Corporation, and Stanley W. Burdette and Edward A. Kouneski, Trustees, and Robert P. Shrewsbury, and Laura S. Shrewsbury, and Woodrow T. Roberson, and Brenda M. Roberson, and PHH U.S. Mortgage Corporation, and First American Title Insurance Co., Trustee, and Investors Title Insurance Company.

Supreme Court of North Carolina.

June 5, 1997.


Attorney(s) appearing for the Case

James K. Pendergrass, Jr., Sanford, Ted R. Reynolds, Raleigh, for Alexander Scott Group et al.

Byron L. Saintsing, Jay P. Tobin, Caren D. Enloe, Raleigh, for Carolina Builders.


Prior report: 125 N.C. App. 615, 483 S.E.2d 195.

ORDER

Upon consideration of the petition filed by Defendants 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 to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 5th day of June 1997."

Defendants shall forthwith submit...

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