GLOBAL FURNITURE, INC. v. PROCTOR

No. COA03-1043.

598 S.E.2d 232 (2004)

GLOBAL FURNITURE, INC., Plaintiff, v. Eddie PROCTOR, Defendant.

Court of Appeals of North Carolina.

July 6, 2004.


Attorney(s) appearing for the Case

Patrick, Harper & Dixon, L.L.P., by Stephen M. Thomas and Evans W. Fisher, Hickory, for plaintiff-appellee.

Brawley & Harwell, P.A., by Brian R. Harwell, Mooresville, for defendant-appellant.


TYSON, Judge.

Eddie Proctor ("defendant") appeals from the trial court's 19 March 2003 order dismissing his counterclaim with prejudice as a sanction for failure to comply with a discovery order. Defendant also appeals a 2 May 2003 order finding entry of default had been improperly entered against Global Furniture, Inc., ("plaintiff") and striking the entry of default. We vacate both orders and remand the 19 March 2003 sanction order for further consideration.

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