TAYLOR v. NATIONSBANK CORP.

No. COA96-919.

481 S.E.2d 358 (1997)

Joseph McKinley Bryan TAYLOR, Individually, and as Guardian Ad Litem of Joseph McKinley Bryan Taylor, Jr., and Martha Caroline McKellar Taylor, Minors; and Mary Price Taylor, Individually, Plaintiffs, v. NATIONSBANK CORPORATION, formerly N.C.N.B. National Bank of North Carolina; E.S. Melvin; and Carole W. Fee Bruce, Trustees, Defendants.

Court of Appeals of North Carolina.

March 4, 1997.


Attorney(s) appearing for the Case

Smith, Follin & James by Norman B. Smith and Seth R. Cohen, Greensboro, and Prickett, Jones, Elliott, Kristol & Schnee by William Prickett and Heather D. Jefferson, Wilmington, for plaintiffs-appellants.

Smith, Helms, Mulliss & Moore, L.L.P. by James G. Exum, Jr., Larry B. Sitton and Larissa J. Erkman, Greensboro, for defendants-appellants.


EAGLES, Judge.

Plaintiffs argue that defendants' failure to verify their answer and motion for judgment on the pleadings is fatal to their appeal. However, plaintiffs failed to raise any objection at trial to the absence of verification and failed to assign error in the record on appeal. Accordingly, this issue is not properly preserved for appellate review. N.C.R.App. P. 10(a), (b)(1).

Plaintiffs assign error to the trial court's conversion, ex mero motu...

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