PINEWOOD HOMES, INC. v. HARRIS

No. COA06-690.

646 S.E.2d 826 (2007)

PINEWOOD HOMES, INC. and Pinewood Homes, Inc., Acting as Trustee of the following trusts: Trust No. 802, Trust No. 1527, Trust No. 224, Trust No. 307, Trust No. 403, Trust No. 404, Trust No. 450, Trust No. 810, Trust No. 375, Trust No. 2629, Trust No. 310, Trust No. 730, Plaintiffs v. Julie HARRIS and Duane Harris; Bank of America Corporation as beneficiary by Assignment recorded in Book 901, Page 484 and Southland Associates, Inc. as Trustee under the Deed of Trust in Book 901, Page 482, Rowan County Registry, (reference to 802 Overhill Rd., Salisbury, North Carolina); C.M. Prince and wife, Marlene B. Prince as beneficiaries and Clinton S. Forbis, Jr. as Trustee under the Deed of Trust in Book 1605, Page 899, Lincoln County Registry, (reference 1527 Westdale Lane, Lincolnton, North Carolina); First National Bank, as beneficiary as successor in interest to Rowan Savings Bank SSB, Inc. and Bruce B. Jones, Claude M. Colvard, and Carl E. Sloop, Jr., as Trustees under Deeds of Trust in Book 984, Page 936, Rowan County Registry (reference 224 Lafayette Street, Salisbury, North Carolina), Book 876, Page 352, Registry (reference 307 Edgewood Circle, China Grove, North Carolina), Book 3009, Page 278, Cabarrus County Registry (reference 403, Helen Street, Kannapolis, North Carolina), Book 949, Page 879, Registry (reference 404 Chapel Street, Landis, North Carolina), Book 890, Page 204, Registry (reference 450 Neel Road, Salisbury, North Carolina), Book 914, Page 679, Rowan County Registry (reference 810 Ryan Street, Salisbury, North Carolina); Conseco Finance Servicing Corp. as beneficiary as successor in interest to Green Tree Financial Servicing Corporation and Don E. Fuquay, as Trustee under Deed of Trust in Book 832, Page 361, Rowan County Registry (reference 375 Virginia Avenue, China Grove, North Carolina); National City Mortgage Co. d/b/a Commonwealth United Mortgage Company as beneficiary and Linda K. Hartsell, as Trustee under Deed of Trust in Book 2923, Page 291, Registry (reference 2629 South Ridge Ave., Kannapolis, North Carolina); Wachovia Mortgage Company as beneficiary and New Salem Inc. as Trustee under Deed of Trust in Book 878, Page 947, Rowan County Registry (reference 310 Fry St., China Grove, North Carolina); and First National Bank, as beneficiary as successor in interest to Rowan Savings Bank SSB, Inc. and Bruce D. Jones, Claude M. Colvard, and Carl E. Sloop, Jr., as Trustees under Deed of Trust in Book 878, Page 612, Rowan County Registry (reference 730 Saw Rd., China Grove, North Carolina), Defendants.

Court of Appeals of North Carolina.

July 17, 2007.


Attorney(s) appearing for the Case

Ferguson, Scarbrough & Hayes, P.A., by James E. Scarbrough, Concord, for plaintiff-appellants.

Homesley, Jones, Gaines, Dudley, Childress, McLurkin, Donaldson & Johnson, P.L.L.C., by Mitchell P. Johnson, Statesville, for defendant-appellees Julie Harris & Duane Harris.

Robinson, Bradshaw & Hinson, P.A., by Thomas Holderness, Charlotte, for defendant-appellees New Salem, Inc. and Wachovia Mortgage Company.

Law Firm of Hutchens, Senter & Britton, by H. Terry Hutchens, Fayetteville, for defendant-appellees National City Mortgage Co. and Linda K. Hartsell.

Clinton S. Forbis, Jr. Kannapolis, for defendant-appellees C.M. Prince, Marlene B. Prince, and Clinton S. Forbis, Jr.


HUNTER, Judge.

Pinewood Homes, Inc., and Pinewood Homes, Inc., as trustee ("plaintiffs" or "Pinewood") have asserted claims against Julie and Duane Harris ("defendants") for interference with contracts and business relationships as well as abuse of process. The purported cause of action arose after defendants received a judgment in the amount of $326,901.00 against Pinewood Development Corp., Willow Creek, LLP, and Ray Ritchie ("Ritchie") for allegedly engaging in...

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