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D.G. II, LLC v. NIX

No. COA10-882.

712 S.E.2d 335 (2011)

D.G. II, LLC, Plaintiff v. Clifford E. NIX and Johnson Boat Works, Defendants.

Court of Appeals of North Carolina.

April 19, 2011.

Attorney(s) appearing for the Case

Vandeventer Black LLP, by Robert L. O'Donnell , Norfolk, VA, and Norman W. Shearin , Kitty Hawk, for plaintiff-appellee.

C. Everett Thompson, II , Elizabeth City, for defendant-appellants.

CALABRIA, Judge.

Clifford E. Nix ("Nix") and Johnson Boat Works ("JBW") (collectively, "defendants") appeal the trial court's 2 October 2009 order granting D.G. II, LLC's ("plaintiff"), motion for partial summary judgment on the issue of breach of contract and the 30 November 2009 order granting plaintiff's motion for summary judgment on the issue of damages. We affirm.

I. BACKGROUND

On 11 May 2006, John Floyd ("Floyd"), on plaintiff's behalf...

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