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SETTLERS EDGE HOLDING v. RES-NC SETTLERS

No. COA15-1055.

793 S.E.2d 722 (2016)

SETTLERS EDGE HOLDING COMPANY, LLC; Mountain Air Development Corporation; Virginia A. Banks; William R. Banks; Jeani H. Banks; Michael R. Watson; Sheree B. Watson; Virginia A. Banks, William R. Banks, and Sheree B. Watson in their capacity as trustees of William A. Banks Revocable Trust; Morris Atkins in his capacity as trustee of William Banks Family Irrevocable Trust Number 1; and Morris Atkins in his capacity as trustee of Wililam Banks Family Irrevocable Trust Number 2, Plaintiffs-Appellants, v. RES-NC SETTLERS EDGE, LLC, Defendant-Appellee.

Court of Appeals of North Carolina.

Filed: December 6, 2016.

Attorney(s) appearing for the Case

Rayburn Cooper & Durham, P.A., Charlotte, by G. Kirkland Hardymon , Ross R. Fulton , and Benjamin E. Shook , for plaintiffs-appellants.

Nelson Mullins Riley & Scarborough, LLP, Raleigh, by Christopher J. Blake and D. Martin Warf , for defendant-appellee.

Plaintiffs appeal from the trial court's 4 November 2013 order granting defendant RES-NC Settlers Edge, LLC's motion for partial summary judgment and from the order entered 28 May 2015 granting defendant's motion for lack of subject matter jurisdiction and denying plaintiffs' motion for summary judgment. On appeal, plaintiffs argue...

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