LAWYERS TITLE INS. CORP. v. ZOGREO, LLC

No. COA09-1304.

702 S.E.2d 222 (2010)

LAWYERS TITLE INSURANCE CORPORATION, Commonwealth Land Title Insurance Company, Clark's Creek Associates, L.L.C., and Branch Bank and Trust Company, Plaintiffs, v. ZOGREO, LLC, Forest at Swift Creek, LLC, C.C. Mangum Company, L.L.C., and Donnie Harrison, in his official capacity as Sheriff of Wake County, Defendants.

Court of Appeals of North Carolina.

November 16, 2010.


Attorney(s) appearing for the Case

Moore & Van Allen PLLC, Morrisville, by David E. Fox and Michael J. Byrne , for Plaintiffs Lawyers Title Insurance Corporation, Commonwealth Land Title Insurance Company, and Branch Bank and Trust Company.

No brief for Plaintiff Clark's Creek Associates, L.L.C.

Lewis & Roberts, PLLC, Raleigh, by James A. Roberts, III , Matthew C. Bouchard , and Brooke N. Albert , for Defendants Zogreo, LLC and Forest at Swift Creek, LLC.

Brent E. Wood , Cary, and Nicholls & Crampton, P.A., by W. Sidney Aldridge , Raleigh, for Defendant C.C. Mangum Company, L.L.C.

Erwin and Eleazer, P.A., Charlotte, by L. Holmes Eleazer, Jr. and Fenton T. Erwin, Jr. , for American Subcontractors Association of America, Amicus Curiae.


STEPHENS, Judge.

I. Pertinent Procedural History of Current Lawsuit

On 8 December 2008, in Wake County Superior Court, Lawyers Title Insurance Corporation ("Lawyers Title"), Commonwealth Land Title Insurance Company ("Commonwealth"), Clark's Creek Associates, L.L.C. ("Clark's Creek"), and Branch Bank and Trust Company ("BB & T") (collectively, "Plaintiffs"), filed a complaint for declaratory judgment and motions for a temporary restraining order...

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