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SOUTHPARK MALL v. CLT FOOD MANAGEMENT

No. COA00-246.

544 S.E.2d 14 (2001)

SOUTHPARK MALL LIMITED PARTNERSHIP, Plaintiff, v. CLT FOOD MANAGEMENT, INC., and Flamer's of Southpark, Inc., Defendants.

Court of Appeals of North Carolina.

April 3, 2001.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., by Douglas M. Jarrell, Charlotte, for plaintiff-appellee.

Parker, Poe, Adams & Bernstein, L.L.P., by John W. Francisco; John T. Daniel, Charlotte, for defendants-appellants.

TYSON, Judge.

Defendants, CLT Food Management, Inc. ("CLT") and Flamer's of Southpark, Inc. ("Flamer's") (collectively "defendants"), appeal the trial court's entry of judgment awarding plaintiff, Southpark Mall Limited Partnership ("Southpark"), possession of the premises at issue. We affirm the trial court's order for the reasons stated below.

Southpark owns Southpark Mall, a shopping complex in Charlotte, North Carolina. On 28 January 1992, Southpark's...

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