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CHERRY EX REL. CHERRY v. MOOREHEAD I, LLC

No. COA12-1285.

748 S.E.2d 568 (2013)

ESTATE OF Timothy Alan HURST, by and through Christian P. CHERRY, as Collector; Jeffery Wayne Henley a/k/a Jeffrey Wayne Henley; and Beverly Henley, Plaintiffs, v. MOOREHEAD I, LLC; Cramer Mountain Development Co., LLC a/k/a Cramer Mountain Development LLC; Park West Premier Properties, LLC; Park West Investments, Inc.; Park West-Stone, LLC; Park West Development Company, Inc.; Cobblestone Builders, LLC; Frank Desimone a/k/a Frank Desimone; Bruce B. Blackmon, Jr. a/k/a Bruce Blackmon a/k/a Bruce B. Blackmon; Gregory A. Mascaro a/k/a Greg Mascaro, Defendants.

Court of Appeals of North Carolina.

August 6, 2013.

Attorney(s) appearing for the Case

Mills Law PA, Concord, by William L. Mills, III , for Estate of Timothy Alan Hurst plaintiff appellee.

Law Offices of Dale S. Morrison, Charlotte, by Dale S. Morrison , for Jeffery Wayne Henley and Beverly Henley, plaintiff appellees.

Ruff, Bond, Cobb, Wade & Bethune, LLP, by Ronald L. Gibson , for Moorehead I, LLC; Park West Premier Properties, LLC; Park West Investments, Inc.; Park West Development Company; and Bruce B. Blackmon, Jr. a/k/a Bruce Blackmon a/k/a Bruce B. Blackmon, defendant appellants.

McCULLOUGH, Judge.

Moorehead I, LLC; Park West Premier Properties, LLC; Park West Investments, Inc.; Park West Development Company; and Bruce B. Blackmon, Jr. a/k/a Bruce Blackmon a/k/a Bruce B. Blackmon ("Blackmon," collectively "defendants") appeal from a judgment entered by the trial court after trial by jury. On appeal, defendants contend that (1) the jury's factual findings are inconsistent, (2) the trial court's judgment improperly expands the jury's verdict...

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