CITY OF CHARLOTTE v. NOLES

No. COA00-73.

544 S.E.2d 585 (2001)

The CITY OF CHARLOTTE, a municipal corporation, Plaintiff-Appellee, v. David NOLES, Defendant-Appellant.

Court of Appeals of North Carolina.

April 17, 2001.


Attorney(s) appearing for the Case

F. Douglas Canty, Senior Assistant City Attorney, for plaintiff-appellee.

William D. McNaull, Jr., Charlotte, for defendant-appellant.


McGEE, Judge.

Plaintiff was awarded a judgment against defendant of $170,527.92 plus interest and costs on 22 August 1988. Plaintiff filed a verified complaint on 24 July 1998 alleging that the 1988 judgment remained unsatisfied. Defendant filed a motion to dismiss under N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief could be granted, and plaintiff moved for summary judgment.

Following a hearing on 14 April 1999, the...

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