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MURILLO v. DALY

No. COA04-533.

609 S.E.2d 478 (2005)

Gerardo MURILLO and Mathilda Murillo v. Jon M. DALY, Sr. and Bonnie T. Daly.

Court of Appeals of North Carolina.

March 15, 2005.

Attorney(s) appearing for the Case

David B. Hough, Winston-Salem, for plaintiffs-appellants.

Orbock, Bowden, Ruark & Dillard, PC, by Edwin W. Boden and Allman, Spry, Leggett & Crumpler, P.A., by W. Rickert Hinnant and Roger E. Cole, Winston-Salem, for defendants-appellees.

WYNN, Judge.

In North Carolina, to establish when an action will be treated as a compulsory counterclaim, the similarity in the nature of the action and the remedy sought has been characterized as more important than a basis in a common factual transaction. Twin City Apartments, Inc. v. Landrum, 45 N.C. App. 490, 493, 263 S.E.2d 323, 325 (1980). In this case, Defendants argue that...

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