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SELLERS v. OCHS

No. COA06-235.

638 S.E.2d 1 (2006)

Gloria SELLERS, Plaintiff, v. Cammie Smith OCHS, Defendant.

Court of Appeals of North Carolina.

November 21, 2006.

Attorney(s) appearing for the Case

Patrick U. Smathers, Canton, and Gina L. Norwood, Waynesville, for plaintiff-appellant.

Law Office of Frank Jackson, by James L. Palmer, Hendersonville, for defendant-appellee.

WYNN, Judge.

A Rule 59 motion "cannot be used as a means to reargue matters already argued or to put forth arguments which were not made but could have been made" at the trial court level.1 Here, Plaintiff Gloria Sellers filed a Rule 59 motion to present additional case law to the trial court in an effort to have an order of summary judgment set aside. Because Ms. Sellers only appeals from the...

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