HEDGEPETH v. LEXINGTON STATE BANK

No. COA12-1057.

744 S.E.2d 138 (2013)

Ronnie C. HEDGEPETH and wife, Shira C. Hedgepeth, Plaintiffs, v. LEXINGTON STATE BANK and Trustee Services, Inc., Trustee, Defendants.

Court of Appeals of North Carolina.

June 18, 2013.


Attorney(s) appearing for the Case

Stephen E. Lawing for plaintiffs-appellants.

Brinkley Walser, PLLC, by Stephen D. Barnhill , for defendants-appellees.


GEER, Judge.

Plaintiffs Ronnie C. Hedgepeth and Shira C. Hedgepeth appeal from a judgment dismissing, pursuant to Rule 41(b) of the Rules of Civil Procedure, their claim for unfair and deceptive trade practices ("UDTP") against defendants Lexington State Bank ("LSB") and Trustee Services, Inc. Although we agree with plaintiffs that the trial court erred in concluding that they lacked standing, we hold that dismissal was nevertheless proper because plaintiffs failed...

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