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SHEARON FARMS TOWNHOME OWNERS ASSOCIATION II, INC. v. SHEARON FARMS DEVELOPMENT, LLC

No. 412P20.

858 S.E.2d 284 (2021)

SHEARON FARMS TOWNHOME OWNERS ASSOCIATION II, INC., Plaintiff v. SHEARON FARMS DEVELOPMENT, LLC; Dan Ryan Builders-North Carolina, LLC; Abbington Heights, LLC; JELD-WEN, Inc., and JELD-WEN Holding, Inc., Defendants. Dan Ryan Builders-North Carolina, LLC, Defendant/Third-Party Plaintiff v. JP&M Enterprise, Inc.; JP&M Enterprise, Inc. d/b/a Ace Vinyl Siding; Alpha Omega Construction Group of Raleigh, Inc.; Alpha Omega Construction Group of Raleigh, Inc. d/b/a Alpha Omega Const. Group of Raleigh; BMC East, LLC; BMC East, LLC d/b/a BMC; BMC East, LLC f/k/a Stock Building Supply, LLC d/b/a Stock Building Supply; Brinley's Grading Service, Inc.; Brinley's Grading Service, Inc. d/b/a Brinley's Grading Service; GMA Supply Inc.; GMA Supply Inc. f/k/a GMA Supply LLC d/b/a GMA Supply, Locklear Roofing Inc.; Locklear Inc.; Locklear Roofing Inc. d/b/a Locklear Roofing; Locklear Inc. d/b/a Locklear Roofing; Taylor's Landscaping, Inc.; Taylor's Landscaping, Inc. d/b/a Taylor's Landscaping Inc., Third-Party Defendants.

Supreme Court of North Carolina.

June 9, 2021.

Attorney(s) appearing for the Case

Brian S. Edlin , Attorney at Law, For Shearon Farms Townhome Owners Association II, Inc.

Richard N. Sieving , Attorney at Law, For Jeld-Wen, Inc.

William H. Sturges , Attorney at Law, For Jeld-Wen, Inc.

Michael W. Strickland , Attorney at Law, Fayetteville, For Shearon Farms Development, LLC.

John T. Benjamin, Jr. , Attorney at Law, Raleigh, For Dan Ryan Builders-North Carolina, LLC.

William E. Hubbard , Attorney at Law, Raleigh, For Dan Ryan Builders-North Carolina, LLC.

Aleksandra E. Anderson , Attorney at Law, Raleigh, For Dan Ryan Builders-North Carolina, LLC.

Doug McClanahan , Attorney at Law, For Abbington Heights, LLC.

Thomas M. Buckley , Attorney at Law, Raleigh, For Alpha Omega Construction Group of Raleigh, Inc., et al.

Thomas H. Segars , Attorney at Law, Raleigh, For BMC East, LLC, et al.

Mary M. Webb , Attorney at Law, Raleigh, For Brinley's Grading Service, Inc., et al.

John E. Rogers, II , Attorney at Law, For GMA Supply Inc., et al.

Charles G. Whitehead , Attorney at Law, For Locklear Roofing Inc., et al.

Karl F. Edgar , Attorney at Law, Hillsborough, For Taylor's Landscaping, Inc.

H. Weldon Jones, III , Attorney at Law, For Shearon Farms Townhome Owners Association II, Inc.

Frederick M. Thurman, Jr. , Attorney at Law, Charlotte, For Jeld-Wen, Inc.

Frederick Thurman , Attorney at Law, Charlotte, For Jeld-Wen Holding, Inc.

ORDER

Upon consideration of the Petition filed on the 25th of September 2020 by Plaintiff in this matter for Discretionary Review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 9th of...

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