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ADAMS v. BANK UNITED OF TEXAS FSB

No. COA03-1423.

606 S.E.2d 149 (2004)

Brenton D. ADAMS, Trustee of Brenton D. Adams, Retirement Plan, Plaintiff v. BANK UNITED OF TEXAS FSB, H. Terry Hutchens, M.A. Mansour, and Wife, Taghrid D. Mansour, Robert T. Hedrick, William M. Griggs, Defendants.

Court of Appeals of North Carolina.

December 21, 2004.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton, L.L.P., by K. Edward Greene and Kathleen A. Naggs, Raleigh, for plaintiff-appellant.

Robert T. Hedrick, Raleigh, for defendants-appellees M.A. Mansour, Taghrid D. Mansour, Robert T. Hedrick and William M. Griggs.

HUNTER, Judge.

Plaintiff, Brenton D. Adams ("Adams"), presents the following four issues for our consideration: Whether the trial court erroneously (1) placed the burden of proof upon Adams, the nonmovant, by requiring Adams to prove his compliance with the requirements of N.C. Gen.Stat. § 1A-1, Rule 11; (2) utilized a preponderance of the evidence quantum of proof instead of a clear and convincing evidence quantum...

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