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42 EAST, LLC v. D.R. HORTON, INC.

No. COA10-1570.

722 S.E.2d 1 (2012)

42 EAST, LLC, Plaintiff, v. D.R. HORTON, INC., Defendant.

Court of Appeals of North Carolina.

February 7, 2012.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, P.A., Raleigh, by Robert S. Shields, Jr. , and Katherine M. Bulfer , for plaintiff-appellee.

Smith Moore Leatherwood LLP, Raleigh, by Sidney S. Eagles, Jr. , Stephen W. Petersen , and Elizabeth Brooks Scherer , for defendant-appellant.

GEER, Judge.

Defendant D.R. Horton, Inc. ("Horton") appeals from the Order and Rule 52(a) Judgment entered against Horton and in favor of plaintiff 42 East, LLC ("42 East") after a bench trial. Because (1) the order did not resolve all the issues necessary to determine Horton's liability, (2) the findings of fact were made under a misapprehension of the law, and (3) some of the findings are not supported by the evidence,...

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