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FIRST MT. VERNON INDUS. LOAN v. PRODEV XXII

No. COA10-8.

703 S.E.2d 836 (2011)

FIRST MOUNT VERNON INDUSTRIAL LOAN ASSOCIATION, a Virginia Industrial Loan Association, Plaintiff, v. PRODEV XXII, LLC, a Virginia Limited Liability Company, Jonathan E. Friesen, Substitute Trustee, Norris G. Dillahunt, Sr. a/k/a Norris G. Dillahunt and Helen M. Dillahunt, Defendants.

Court of Appeals of North Carolina.

January 4, 2011.

Attorney(s) appearing for the Case

The Law Offices of Lonnie M. Player, Jr., PLLC, by Lonnie M. Player, Jr. , Fayetteville, for plaintiff-appellee.

Mills & Economos, L.L.P., by Larry C. Economos , Greenville, for Norris G. Dillahunt, Jr., appellant.

No brief filed on behalf of ProDev XXII, LLC.

GEER, Judge.

Plaintiff First Mount Vernon Industrial Loan Association ("FMV") and defendant ProDev XXII, LLC each filed motions seeking to have non-party appellant Norris G. Dillahunt, Jr. ("Dillahunt") held in contempt of court under N.C.R. Civ. P. 45(e)(1) for failure to appear for a deposition in accordance with a duly served subpoena. Dillahunt appeals from the orders granting the motions and ordering him, pursuant to N.C.R. Civ. P. 37(d), to pay attorneys' fees...

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