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DON SETLIFF & ASSOCS. v. SUBWAY REAL ESTATE

No. COA05-1423.

631 S.E.2d 526 (2006)

DON SETLIFF & ASSOCIATES, INC., Plaintiff, v. SUBWAY REAL ESTATE CORP., Defendant.

Court of Appeals of North Carolina.

July 5, 2006.

Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler, L.L.P., by Stanley F. Hammer, High Point, for plaintiff-appellant.

Norman L. Sloan, Clemmons, for defendant-appellee.

WYNN, Judge.

"There are no required pleadings in assigned small claim actions other than the complaint."1 Here, Plaintiff contends that Defendant waived its affirmative defense of estoppel because it was not pled in accordance with North Carolina Rule of Civil Procedure 8(c) upon appeal from small claims court to the district court for a trial de novo. Because no affirmative defenses...

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