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JONES v. WALLIS

No. COA10-349.

712 S.E.2d 180 (2011)

A.C. JONES, Plaintiff, v. Liam WALLIS, Viridis Building, Inc., Richard M. Greene, as Trustee and escrow agent, and Amiel J. Rossabi, as Trustee and escrow agent, Defendants.

Court of Appeals of North Carolina.

April 19, 2011.

Attorney(s) appearing for the Case

J. Patrick Adams and Joseph B. Bass III , Greensboro, for plaintiff-appellee.

Forman Rossabi Black, P.A., by Amiel J. Rossabi , Gavin J. Reardon and Michael C. Taliercio , Greensboro, for defendants-appellants.

STEELMAN, Judge.

Where Jones exercised "due diligence" in attempting to locate Wallis for purposes of service of process and Jones complied with all the statutory requirements for service of process by publication, the trial court did not err in denying Wallis' motion to set aside the entry of default against him. Where the trial court properly denied Wallis' motion to set aside the entry of default and properly granted summary judgment against Wallis and Rossabi...

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