MULLIS v. SECHREST

No. COA95-1180.

484 S.E.2d 423 (1997)

Steve MULLIS and Blaine Scott Mullis, Plaintiffs, v. Harry SECHREST and Charlotte-Mecklenburg Board of Education, Defendants.

Court of Appeals of North Carolina.

May 6, 1997.


Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by Edward T. Hinson, Jr. and John S. Arrowood, Charlotte, for plaintiffs-appellants.

Smith Helms Mulliss & Moore, L.L.P. by James G. Middlebrooks, Charlotte, for defendants-appellees.


EAGLES, Judge.

Plaintiffs contend the trial court erred by: 1) allowing defendants' motion to amend their answer to assert the defense of governmental immunity; 2) determining that defendant Board was entitled to governmental immunity for all claims of $1,000,000 or less; and 3) determining that defendant Sechrest was entitled to summary judgment as a "public officer" immune from suit. We conclude that defendant Sechrest is not entitled to immunity in that he is a...

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