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OTTO v. CERTO

No. COA10-172.

708 S.E.2d 183 (2011)

Joyce OTTO, Plaintiff, v. Daniel and Kimberly CERTO, Defendants.

Court of Appeals of North Carolina.

March 15, 2011.

Attorney(s) appearing for the Case

No plaintiff-appellee's brief filed.

The Sutton Firm, P.A., Candler, by April Burt Sutton , for defendants-appellants.

STROUD, Judge.

Daniel and Kimberly Certo ("defendants") appeal from a district court's judgment and from an order denying their motion for a new trial. Because defendants did not receive notice of the hearing on their motion for new trial, we reverse the district court's 5 October 2009 order and remand for further proceedings.

On 18 August 2008, Joyce Otto ("plaintiff") initiated this action by filing a "Complaint in Summary Ejectment" in district court alleging...

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