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CAROLINA PLACE JOINT VENTURE v. FLAMERS

Nos. COA00-745, COA00-1231.

551 S.E.2d 569 (2001)

CAROLINA PLACE JOINT VENTURE, Plaintiff, v. FLAMERS CHARBURGERS, INC. d/b/a Flamers Charbroiled Hamburgers, and F.A. Inter-National, Inc., Defendants, v. F.A. INTERNATIONAL, INC. and Shafique Alrumaih, Third-Party, Defendants.

Court of Appeals of North Carolina.

August 21, 2001.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein, L.L.P. by John W. Francisco, Charlotte, for third-party defendant-appellant Shafique Alrumaih.

John T. Daniel, Charlotte, for defendant-appellee Flamers Charburgers, Inc.

No brief filed for plaintiff-appellee Carolina Place Joint Venture.

BRYANT, Judge.

The pertinent factual and procedural background is as follows: On 7 March 1991, Carolina Place Joint Venture (Carolina Place) entered into a ten-year lease agreement with Flamers Charburgers, Inc. (Flamers) for retail space in the food court of the Carolina Place Mall. On 1 August 1991 the lease commenced. On 16 September 1994, Shafique Alrumaih (Alrumaih), president and CEO of F.A. International (FAI), executed a personal guarantee of all obligations...

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