WALDEN v. MORGAN

No. COA05-1560

635 S.E.2d 616 (2006)

HAROLD WALDEN and wife, BARBARA WALDEN, Plaintiffs, v. JOHN P. MORGAN, TROY ALLEN TAYLOR, PACE OIL CO., INC., BIESECKER ROAD COMMERCIAL, LLC, and MOHEY M. BASYOONI, Defendants. PAULINE GRAY, Plaintiff, v. JOHN P. MORGAN, TROY ALLEN TAYLOR, PACE OIL CO., INC., BIESECKER ROAD COMMERCIAL, LLC, and MOHEY M. BASYOONI, Defendants.

North Carolina Court of Appeals

Filed October 17, 2006


Attorney(s) appearing for the Case

Biesecker, Tripp, Sink & Fritts, L.L.P., by Joe E. Biesecker and Christopher A. Raines, for plaintiffs-appellants/cross appellees.

No brief filed for defendants-appellees John P. Morgan, Troy Allen Taylor, Pace Oil Co., Inc.

Adam R. Smart and H. Brent Helms, for defendant-appellee/cross appellant Biesecker Road Commercial, LLC.

Teague, Rotenstreich & Stanaland, LLP, by Paul A. Daniels, for defendant-appellee Mohey M. Basyooni.


TYSON, Judge.

Harold and Barbara Walden and Pauline Gray (collectively, "plaintiffs") appeal from orders entered granting Biesecker Road Commercial, LLC's ("BRC") and Mohey M. Basyooni's ("Basyooni") motions for summary judgment. BRC cross-appeals from orders entered denying, in part, its motion to tax deposition expenses to plaintiffs as costs. We affirm in part, reverse in part and remand.

I. Background

In 1998, BRC acquired property located at...

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