ESTATE OF HURST EX REL. CHERRY v. JONES

No. COA12-758.

750 S.E.2d 14 (2013)

ESTATE OF Timothy Alan HURST By and through Christian P. CHERRY as Collector, Jeffrey Wayne Henley and Beverly Henley, Plaintiffs, v. Patrick B. JONES, Jeffrey V. Gordon and Scott L. Bieber, Defendants.

Court of Appeals of North Carolina.

November 5, 2013.


Attorney(s) appearing for the Case

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

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

Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A., by Brett E. Dressler , Charlotte, for defendant-appellant Patrick B. Jones.

Ferguson, Scarbrough, Hayes, Hawkins & Demay, P.A., Concord by James R. DeMay , for defendant-appellants Jeffrey V. Gordon and Scott L. Bieber.


STEELMAN, Judge.

Where plaintiffs in prior litigation asserted that business entities were one and the same, they are judicially estopped from asserting any inconsistent factual allegations in this case and cannot show that Moorehead's transfer to defendant Jones was fraudulent under N.C. Gen.Stat. § 39-23.4(a)(2) or 39-23.5. We reverse the trial court's entry of summary judgment in favor of plaintiffs and remand for entry of summary judgment in Jones' favor...

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