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FLYNN v. SCHAMENS

No. COA16-410.

792 S.E.2d 833 (2016)

Karen W. FLYNN, individually and in her representative capacity as trustee for: 2002 Irrevocable Trust for Family of Martha P. Wilson; and her capacity as account custodian for: Brynley Elizabeth Wylde, Jake William Flynn, Jeffrey E. Flynn III, Jessica J. Flynn, Joshua R. Flynn, Keegan B. Wall, Makenna Kathleen Wylde, and Riley Page Wall; Plaintiff, v. David Wayne SCHAMENS; Piliana Moses Schamens, individually and in her capacity as a Member of Invictus Asset Management, LLC; Invictus Asset Management, LLC, individually and in its capacity as the General Partner of Invictus Capital Growth & Income Fund, LLP, and Invictus Income Fund, LLP; Invictus Funds, LLC; and Tradedesk Financial Group, Inc. d/b/a Tradestream Analytics, LTD.; Defendants.

Court of Appeals of North Carolina.

Filed: November 15, 2016.

Attorney(s) appearing for the Case

Garella Law, P.C., Charlotte, by C. Kiel Garella , for plaintiff-appellant.

No brief filed for defendants-appellees.

Plaintiff argues on appeal that the trial court erred in failing to confirm an arbitration award upon plaintiff's motion. We agree. The trial court's order is reversed and the case remanded for entry of (1) an order confirming the arbitration award and (2) a judgment in conformity therewith.

I. Background

Karen W...

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