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DURHAM HOSIERY MILL LTD. PTNRSHP v. MORRIS

No. COA11-515.

720 S.E.2d 426 (2011)

DURHAM HOSIERY MILL LIMITED PARTNERSHIP, Plaintiff v. Inez MORRIS, Defendant.

Court of Appeals of North Carolina.

December 20, 2011.

Attorney(s) appearing for the Case

The Banks Law Firm, P.A., RTP, by Adam M. Shestak , for plaintiff-appellant.

Legal Aid of North Carolina, Inc., by Roger M. Cook , Terry C.J. Reilly , Durham, Theodore O. Fillette, III , Charlotte, and Andrew Cogdell , Gastonia, for defendant-appellee.

STEELMAN, Judge.

In a summary ejectment action, the plaintiff's burden of persuasion is by the preponderance of the evidence as set forth in N.C. Gen.Stat. § 42-30. The trial court erred in requiring the plaintiff to prove its case by clear, cogent, and convincing evidence.

I. Factual and Procedural Background

Durham Hosiery Mill Limited Partnership ("DHM") owns and operates the Durham Hosiery Mill Apartments (the "Apartments"), a section...

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