HONEYCUTT CONTRACTORS, INC. v. OTTO

No. COA10-270.

703 S.E.2d 857 (2011)

HONEYCUTT CONTRACTORS, INC. and Arnold K. "Toby" Talley, d/b/a Carolina Interiors, Plaintiffs, v. William J. OTTO and wife, Ann P. Hendrickson, Defendants, v. Christopher Plummer d/b/a Log Home Creation and/or d/b/a Varnado Construction d/b/a Log Home Creation, Third party defendant.

Court of Appeals of North Carolina.

January 4, 2011.


Attorney(s) appearing for the Case

LeCroy and Willcox, PLLC, by M. Alan LeCroy , Morganton, for plaintiff-appellants.

Ferikes & Bleynat, PLLC, by Edward L. Bleynat, Jr. and Susan L. Evans , Asheville, for defendant-appellees.


STEELMAN, Judge.

Where Honeycutt failed to appeal the trial court's 18 February 2009 order imposing discovery sanctions and its order denying its motion to set aside the 18 February 2009 order, neither of these orders are properly before this Court for appellate review. Where Bobby Honeycutt was never made a party to this action, the trial court had no jurisdiction to enter default judgment against him in his individual...

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