BURLINGTON INS. v. FISHERMANS BASS

No. COA03-1231.

598 S.E.2d 678 (2004)

BURLINGTON INSURANCE CO., Plaintiff, v. The FISHERMANS BASS CIRCUIT, INC. a/k/a The Fisherman's Bass Circuit, Inc. and Jerry Rhyne, Defendants.

Court of Appeals of North Carolina.

July 20, 2004.


Attorney(s) appearing for the Case

Pendleton & Pendleton, P.A., by Wesley L. Deaton, Lincolnton, for defendants-appellants.

Whiteside & Walker, L.L.P., by Nancy E. Walker and Michael Kemper, Charlotte, for plaintiff-appellee.


ELMORE, Judge.

In this appeal, we must determine whether the trial court erred by granting summary judgment in favor of Burlington Insurance Co. (plaintiff) in its declaratory judgment action against The Fishermans Bass Circuit, Inc., a/k/a the Fisherman's Bass Circuit, Inc., and Jerry Rhyne (collectively, defendants). For the reasons stated herein, we reverse the judgment and remand this matter to the trial court.

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