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MABRY v. HUNEYCUTT

No. COA01-686.

562 S.E.2d 292 (2002)

Ralph Warren MABRY, Sr., Plaintiff, v. Patricia Gale HUNEYCUTT, Executor of the Estate of Mabon Furr Kimrey, Deceased, Defendant.

Court of Appeals of North Carolina.

April 2, 2002.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P., by E. Fitzgerald Parnell, III, Rebecca B. Wofford and Megan L. Tedrick; Morton, Grigg and Phillips, LLP, by Ernest H. Morton, Jr., Charlotte, for plaintiff-appellant.

John W. Webster and Morris York Williams Surles & Barringer, LLP, by John P. Barringer, Charlotte, for defendant-appellee.

HUNTER, Judge.

Ralph Warren Mabry, Sr. ("plaintiff") appeals the trial court's 9 April 2001 order dismissing this action as barred by the applicable statute of limitations. We hold that this action is not barred by the applicable statute of limitations, and we therefore reverse and remand for further proceedings.

In reviewing the grant of a motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules...

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