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EAGLES NEST v. RIDINGER

No. COA09-116.

684 S.E.2d 163 (2009)

EAGLES NEST, A John Turchin Company, LLC, a North Carolina Limited Liability Company (f/k/a T & A Investments II, LLC), as successor in interest to T & A Hunting and Fishing Club, Inc., a North Carolina Corporation, Plaintiff, v. James H. RIDINGER (a/k/a "JR" Ridinger) and wife, Loren Ridinger and Miracle NC Construction, LLC, a North Carolina Limited Liability Company, Defendants. James Ridinger and Loren Ridinger, Plaintiffs, v. Eagles Nest, A John Turchin Company, LLC, T & A Hunting and Fishing Club, Inc, and John Turchin, Defendants.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Vetro & Lundy, P.C., by Michael Vetro and M. Shaun Lundy, Boone, for plaintiff Eagles Nest, a John Turchin Company, LLC.

Womble, Carlyle, Sandridge & Rice, a Professional Limited Liability Company, by Pressly M. Millen and Sean E. Andrussier, Raleigh, for defendants James H. Ridinger, Loren Ridinger, and Miracle NC Construction, LLC.

ELMORE, Judge.

James H. Ridinger, Loren Ridinger, and Miracle NC Construction, LLC (defendants or the Ridingers), appeal a declaratory judgment in favor of Eagles Nest, a John Turchin Company, LLC (plaintiff or Turchin).1 For the reasons stated below, we affirm the judgment of the trial court.

Background

On 14 May 2003, the parties entered into a promissory note...

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