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GOODMAN v. HOLMES & MCLAURIN ATTORNEYS

No. COA07-199.

665 S.E.2d 526 (2008)

David M. GOODMAN, Plaintiff, v. HOLMES & McLAURIN ATTORNEYS AT LAW, a/k/a Holmes & McLaurin, a/k/a Holmes & McLaurin, Attorneys, a North Carolina Partnership; Holmes & McLaurin, L.L.P., a North Carolina Registered Limited Liability Partnership; R. Edward McLaurin, Jr., P.L.L.C., a North Carolina Professional Limited Liability Company; Ralph Edward McLaurin, Jr.; and Edward S. Holmes, Defendants.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

Hedrick Murray & Cheek, P.L.L.C., by Josiah S. Murray, III and John C. Rogers, III, Durham, for plaintiff-appellant.

Bailey & Dixon, L.L.P., by Kenyann Brown Stanford and John T. Crook, Raleigh, for defendant-appellees R. Edward McLaurin, Jr., PLLC, and R. Edward McLaurin, Jr.

Young Moore and Henderson, P.A., by Walter E. Brock, Jr. and Elinor M. Johnsey, Raleigh, for defendants Holmes & McLaurin and Holmes.

STEELMAN, Judge.

Where plaintiff's professional negligence claim was barred by the statute of repose, the trial court did not err in dismissing this claim pursuant to N.C. R. Civ. P. 12(b)(6). Fraudulent conduct is not in the ordinary course of business of a law partnership, and the trial court did not err in dismissing plaintiff's claim of fraud as to McLaurin's partners.

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