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GAILEY v. TRIANGLE BILLIARDS & BLUES CLUB

No. COA06-327.

635 S.E.2d 482 (2006)

William Allen GAILEY, III v. TRIANGLE BILLIARDS & BLUES CLUB, INC., Jerry Sexton, Individually and in his capacity as an Owner, Officer and Director of Triangle Billiards & Blues Club, Inc., Susan Sexton, Individually and in her capacity as an Owner, Manager and Director of Triangle Billiards & Blues Club, Inc.

Court of Appeals of North Carolina.

October 17, 2006.

Attorney(s) appearing for the Case

Doherty & Nugent, P.C., by David S. Doherty, Thomasville, for plaintiff-appellant.

Barnes Grimes Bunce and Fraley, P.L.L.C., by Jerry B. Grimes, Lexington, for defendant-appellee.

STEELMAN, Judge.

William Allen Gailey, III (plaintiff) appeals from orders entered 11 October 2005 and 7 November 2005 dismissing with prejudice plaintiff's complaint due to plaintiff's failure to comply with the trial court's order for a mediated settlement conference. For the reasons set forth herein, we reverse the order of the trial court.

Plaintiff originally instituted this action against defendants in 1998...

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