SCRUGGS v. CHAVIS

No. COA02-1112.

584 S.E.2d 879 (2003)

Thomas E. SCRUGGS, Plaintiff, v. Emma Slade CHAVIS and Loleta Chavis, Defendants.

Court of Appeals of North Carolina.

September 2, 2003.


Attorney(s) appearing for the Case

Nancy P. Quinn, Greensboro, for plaintiffappellant.

Burton & Sue, L.L.P., by William T. Corbett, Jr., Greensboro, for defendants-appellees.


GEER, Judge.

The issue raised by this appeal is whether the trial court erred in granting defendants' motion to dismiss in plaintiff's absence when defendants served a notice of hearing for one date, but the subsequent final motion calendar distributed by the Trial Court Administrator specified a different date. Because we hold that plaintiff's counsel reasonably relied upon the Trial Court Administrator's final motion calendar, we reverse and remand.

Plaintiff...

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