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ESTATE OF LIVESAY EX REL. MORLEY v. LIVESAY

No. COA11-973.

723 S.E.2d 772 (2012)

ESTATE OF Ronald B. LIVESAY, Deceased, by E.K. MORLEY, Administrator CTA, Plaintiff, v. Brenda LIVESAY, individually and as Successor Trustee of the Ronald Livesay and Brenda Livesay Family Trust, dated March 26, 1998, Candace Livesay (a minor) Ron Livesay, Jr. (a minor), and Sandra Reed, Trustee of a Deed of Trust Executed by Brenda Livesay, Trustee of the Ronald Livesay Family Trust, Dated July 2, 2007 in the amount of $403,849.36 and Recorded on July 2, 2007 in Book 1948 at Page 778 of the Henderson County Register of Deeds Office, Defendants.

Court of Appeals of North Carolina.

February 21, 2012.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Greensboro, by L. Cooper Harrell and Corinne B. Jones , for Plaintiff-appellant.

Gary A. Dodd and Charles R. Brewer , Asheville, for Defendant-appellee Brenda Livesay, et al.

McLean Law Firm, P.A., Waynesville, by Russell L. McLean, III , and Bazzle & Carr, PA, Hendersonville, by Eugene M. Carr, III , for Defendant-appellee Ron Livesay, Jr., et al.

HUNTER, JR., ROBERT N., Judge.

Administrator CTA E.K. Morley appeals on behalf of the estate of Ronald B. Livesay ("Plaintiff") from an order dismissing his complaint with prejudice for failure to sign and verify the complaint under Rule 11 of the North Carolina Rules of Civil Procedure. For the following reasons, we reverse.

I. Factual & Procedural Background

On 13 September 2010, Plaintiff filed the complaint in this action concerning allegations...

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