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MOODY v. ABLE OUTDOOR, INC.

No. COA03-1493.

609 S.E.2d 259 (2005)

Frank A. MOODY, II, Plaintiff-Appellee, v. ABLE OUTDOOR, INC.; PNE Media Holdings, L.L.C.; PNE/Able, L.L.C.; PNE Media, L.L.C.; Braun Insurance Group of the Carolinas, Inc.; and Morgan & Morgan Ltd., Defendants-Appellants.

Court of Appeals of North Carolina.

March 15, 2005.

Attorney(s) appearing for the Case

Kelly & Rowe, P.A., by E. Glenn Kelly, Asheville, for plaintiff-appellee.

McGuire, Wood & Bissette, P.A., by T. Douglas Wilson, Jr. Asheville, for defendants-appellants.

Kilpatrick Stockton, L.L.P., by Stephen E. Husdon, pro hoc vice, Atlanta, GA, for defendants-appellants.

BRYANT, Judge.

Able Outdoor, PNE Media Holdings, PNE/Able, and PNE Media, (collectively PNE defendants) appeal from a 14 August 2003 order denying defendant's motion for summary judgment.

In February 1999, Frank A. Moody, II (plaintiff) sold his billboard company, Able Outdoor, to PNE. Able Outdoor's three-year lease to occupy the building owned by plaintiff was assigned to PNE. One of the lease provisions required...

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