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BROTHERTON v. THE POINT ON NORMAN, LLC

No. COA02-668.

577 S.E.2d 361 (2003)

Norris BROTHERTON and wife, Edith Brotherton, Plaintiffs, v. THE POINT ON NORMAN, LLC and ESP Associates, P.A., Defendants.

Court of Appeals of North Carolina.

March 18, 2003.

Attorney(s) appearing for the Case

Raymond A. Warren, Charlotte, for plaintiffs-appellants.

Homesley, Jones, Gaines, Dudley, McLurkin & Donaldson, PLLC, by Elise B. Mclurkin, Mooresville, for defendant-appellee.

TYSON, Judge.

Norris Brotherton and his wife, Edith, ("plaintiffs") appeal from the grant of directed verdict in favor of The Point on Norman, LLC ("The Point") on the issue of unfair and deceptive trade practices. We reverse and remand for trial.

I. Background

This is the second appeal of this case to this Court. In Brotherton v. Point on Norman, LLC, 141 N.C. App. 734, 542 S.E.2d 712 (2001) (unpublished) ("Brotherton I"), plaintiffs...

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