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FLOYD, JR. AND SONS, INC. v. FARM CREDIT

No. 27A98.

510 S.E.2d 156 (1999)

350 N.C. 47

CHARLES VERNON FLOYD, JR. AND SONS, INC.; Mary Ann Floyd, Individually; and Mary Ann Floyd, Executrix of the Estate of Charles Vernon Floyd, Jr. v. CAPE FEAR FARM CREDIT, ACA.

Supreme Court of North Carolina.

February 5, 1999.

Attorney(s) appearing for the Case

Stubbs & Perdue, P.A., by Trawick H. Stubbs, Jr., New Bern, for plaintiffs-appellants.

Everett, Warren, Harper & Swindell, by Edward J. Harper, II, and Lewis H. Swindell, IV, Greenville, for defendant-appellee.

MITCHELL, Chief Justice.

The sole question presented for review is whether the Court of Appeals had jurisdiction to decide whether the trial court erred when it granted defendant's motion to compel election, forcing plaintiffs to choose between their claims for breach of contract and unfair or deceptive practices1 during the trial of this case. The Court of Appeals held it was without jurisdiction to determine this issue. For the reasons...

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