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IN RE JOHNSON

No. COA10-703.

714 S.E.2d 169 (2011)

In the Matter of the Proposed Foreclosure of Claim of Lien Filed Against Jeffrey J. JOHNSON, Donna N. Johnson, Gary Proffit and Jo Proffit by Starboard Association, Inc., Dated April 30, 2008 Recorded in Docket No. 08-M-676 in the Office of the Clerk of Superior Court for Brunswick County.

Court of Appeals of North Carolina.

June 21, 2011.

Attorney(s) appearing for the Case

Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A., Charlotte, by Michelle Price Massingale , for petitioner-appellant.

Kenneth T. Davies , Charlotte, for respondent-appellees.

CALABRIA, Judge.

Starboard Association, Inc. ("petitioner"), appeals the trial court's order dismissing petitioner's foreclosure of claim of lien pursuant to N.C. Gen.Stat. § 1A-1, Rule 41 (2009) ("Rule 41"). Petitioner also appeals the order awarding attorney's fees in the amount of $19,780.83 to Donna N. Johnson, Jeffrey J. Johnson, Gary Proffit and Jo Proffit (collectively, "respondents"). We vacate and remand.

I. BACKGROUND

On 18...

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