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DANIEL v. MOORE

No. COA03-458.

596 S.E.2d 465 (2004)

Paul Joseph DANIEL and Lisa Horne Daniel, Plaintiffs, v. Jeff G. MOORE, Individually, Jeff G. Moore Enterprises, Inc., through its Registered Agent Jeff G. Moore, The County of Wayne, through its manager Will R. Sullivan, and Joseph B. Nassef, Jr., Individually and in his capacity as a Building Inspector for the County of Wayne, Defendants.

Court of Appeals of North Carolina.

June 1, 2004.

Attorney(s) appearing for the Case

Shipman & Associates, L.L.P., by Meredith P. Ezzell, Wilmington, for plaintiff-appellants.

David M. Rouse, Goldsboro, for defendant-appellees Jeff. G. Moore, Individually, and Jeff G. Moore Enterprises, Inc.

ELMORE, Judge.

Paul Joseph Daniel and Lisa Horne Daniel (collectively, plaintiffs) appeal from entry of a consent judgment entered 10 October 2002 and an order filed 8 January 2003 denying their motion for a new trial. For the reasons set forth herein, we vacate the consent judgment and reverse the trial court's order denying plaintiffs' motion for a new trial.

The record reveals that on 1 September 2000, plaintiffs filed a complaint against Jeff G. Moore...

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