BURGESS v. BURGESS

No. COA09-825.

698 S.E.2d 666 (2010)

Cathy Lou Stewart BURGESS, individually and as a shareholder of Burgess & Associates, Inc., Plaintiff, v. James Thomas BURGESS, Jr. and Burgess & Associates, Inc., Defendants.

Court of Appeals of North Carolina.

July 20, 2010.


Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC, Charlotte, by Mark P. Henriques and Sarah A. Motley , for plaintiff-appellee.

Ferguson, Scarbrough, Hayes, Hawkins & DeMay, P.A., Concord, by Edwin H. Ferguson, Jr. , and James R. DeMay , for defendant-appellants.


HUNTER, JR., ROBERT N., Judge.

James Thomas Burgess, Jr. ("James"), and Burgess & Associates, Inc. (collectively "defendants"), appeal the trial court's order denying defendants' motion to dismiss for lack of subject matter jurisdiction under Rule 12(h)(3). In the motion, defendants argued that Cathy Burgess's ("plaintiff's") shareholder suit regarding Burgess & Associates was precluded by N.C. Gen.Stat. § 7A-244 (2009), which vests the district court...

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