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CALLANAN v. WALSH

No. COA13-85.

743 S.E.2d 686 (2013)

Stephanie CALLANAN, Plaintiff, v. Brian WALSH, Defendant.

Court of Appeals of North Carolina.

June 18, 2013.

Attorney(s) appearing for the Case

Donald H. Barton , Brevard, attorney for plaintiff.

Joy McIver , Asheville, attorney for defendant.

ELMORE, Judge.

Brian A. Walsh (defendant) appeals from an order entered 26 September 2012 by Judge Mark E. Powell, denying his motion to dismiss. After careful consideration, we reverse and remand.

I. Background

By now, the facts of this case are wholly familiar to this Court, as we have previously heard three separate appeals regarding the same issue again central to the instant appeal: Callanan v. Walsh, No. COA 04-1027, 2005 WL 1949881...

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