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WELLIKOFF v. PROGRESS DEVELOPMENT CORP.

No. COA10-1232.

709 S.E.2d 436 (2011)

Ronald J. WELLIKOFF and Suzie Wellikoff, Plaintiffs, v. PROGRESS DEVELOPMENT CORP., North Carolina Dream Land, LLC, d/b/a Coldwell Banker-Horn Real Estate, Walke Realty, Inc., d/b/a Coldwell Banker-Horn Real Estate, Donny L. Scott, Karen E. Kelly and Nancy Peterson, Defendants.

Court of Appeals of North Carolina.

April 5, 2011.

Attorney(s) appearing for the Case

Karolyi-Reynolds , PLLC, Hendersonville, by James O. Reynolds , for plaintiff appellant.

Fisher Stark, P.A., Asheville, by W. Perry Fisher, II , and Jean P. Kim , for Progress Development Corp. and Donny L. Scott defendant appellees.

Delbert Lee Walke, Jr. , Rutherfordton, pro se, Walke Realty, Inc., defendant appellee.

McCULLOUGH, Judge.

Plaintiff appeals an order and judgment of the trial court that dismissed his claims against defendants. We dismiss in part, affirm in part, and remand in part.

I. Background

On 5 November 2008, plaintiffs Ronald J. Wellikoff ("plaintiff") and his wife, Suzie Wellikoff brought this action against defendants.1 Defendant Progress Development Corp. ("PDC") previously performed grading services for plaintiff...

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