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BRANCH BANKING AND TRUST CO. v. MORRISON

No. COA08-12.

661 S.E.2d 784 (2008)

BRANCH BANKING AND TRUST COMPANY, Plaintiff, v. Mary T. MORRISON, Louise K. Thomas, James A. Thomas, Jr., Mary K. Thomas, Wilbert Stewart, Lillie F. Stewart, Harry L. Southerland, and Shannon Southerland, Defendants.

Court of Appeals of North Carolina.

June 17, 2008.

Attorney(s) appearing for the Case

Helms Mulliss & Wicker, P.L.L.C., by J. Trevor Johnston, Charlotte, for plaintiff-appellee.

North Raleigh Law Group, by Robert L. Morton, Raleigh, for defendant-appellants James A. Thomas, Jr., Mary K. Thomas, Wilbert Stewart, and Lillie F. Stewart.

No brief filed by defendants Mary T. Morrison, Louise K. Thomas, Harry J. Southerland or Shannon Southerland.

TYSON, Judge.

James A. Thomas, Jr., Mary K. Thomas, Wilbert Stewart, and Lillie F. Stewart (collectively, "defendants") appeal from order entered, which granted Branch Banking and Trust Company's ("BB & T") motion for summary judgment. We affirm.

I. Background

On 5 March 2007, BB & T filed a complaint and alleged that defendants and four other individuals had "failed and refused to pay their indebtedness due under . . . [g]uaranty...

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