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HEDGEPETH v. PARKER'S LANDING PROP. OWNERS

No. COA13-809.

762 S.E.2d 862 (2014)

Allen Toby HEDGEPETH as trustee under the Allen Toby Hedgepeth Declaration of Trust, Dated May 30, 2001, Plaintiff, v. PARKER'S LANDING PROPERTY OWNERS ASSOCIATION, INC., Defendant.

Court of Appeals of North Carolina.

September 2, 2014.

Attorney(s) appearing for the Case

Vandeventer Black LLP, Kitty Hawk, by Norman W. Shearin and Ashley P. Holmes , for plaintiff-appellant.

Thompson & Pureza, P.A., Elizabeth City, by C. Everett Thompson, II , and David R. Pureza , for defendant-appellee.

Ward and Smith, P.A., New Bern, by Eric J. Remington , Amicus Curiae, for defendant-appellee Betty P. Lewis.

Boxley, Bolton, Garber & Haywood, L.L.P., Raleigh, by Ronald H. Garber , Amicus Curiae, for defendant-appellee Maxine A. Easton.

STEELMAN, Judge.

The trial court did not abuse its discretion in denying the motion of Allen Toby Hedgepeth (Hedgepeth) for class certification.

I. Factual and Procedural Background

The facts and procedural background of this case are set forth in the companion case of Hedgepeth v. Parker's Landing (COA 13-914).

II. Interlocutory Appeal

"A final judgment is one which disposes of the cause as to all the parties...

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