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WOODRIDGE HOMES LTD. PARTNERSHIP v. GREGORY

No. COA09-1024.

697 S.E.2d 370 (2010)

WOODRIDGE HOMES LIMITED PARTNERSHIP, Plaintiff, v. Hedy GREGORY, Defendant.

Court of Appeals of North Carolina.

July 20, 2010.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, PA, Raleigh, by Mr. Michael S. Harrell, for plaintiff-appellant.

Legal Aid of North Carolina, Inc., by Missy Phelps, Gastonia, Theodore O. Fillette, III, and Linda S. Johnson, Charlotte, for defendant-appellee.

ERVIN, Judge.

Plaintiff Woodridge Homes Limited Partnership appeals from a judgment entered by the trial court granting a motion for involuntary dismissal made by Defendant Hedy Gregory pursuant to N.C. Gen.Stat. § 1A-1, Rule 41. After careful consideration of the facts in light of the applicable law, we conclude that the trial court erred by failing to apply the correct legal standard in deciding the legal issues arising upon the present record, that the trial...

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