SUNTRUST BANK v. C & D CUSTOM HOMES, LLC

No. COA12-185.

734 S.E.2d 588 (2012)

SUNTRUST BANK, Plaintiff, v. C & D CUSTOM HOMES, LLC, Carroll G. Ogle, Sheila H. Ogle, Robert D. Scales and McKnight Ventures I, LLC, Defendants.

Court of Appeals of North Carolina.

November 6, 2012.


Attorney(s) appearing for the Case

Kilpatrick Townsend & Stockton, LLP, Raleigh, by Alan D. McInnes , for Plaintiff-Appellee.

Stevens Martin Vaughn & Tadych, PLLC, Raleigh, by Michael J. Tadych , for Defendant-Appellant Sheila H. Ogle.


BEASLEY, Judge.

Sheila H. Ogle (Appellant) appeals from a 27 June 2011 order granting summary judgment in favor of SunTrust Bank (Plaintiff). For the following reasons, we reverse the trial court's order as it applies to Appellant and instruct the trial court to enter an order consistent with this opinion.

On 20 May 1996, Appellant executed a durable power of attorney (POA) that appointed her husband Carroll G....

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