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JACKSON v. DON JOHNSON FORESTRY, INC.

No. COA18-354.

823 S.E.2d 648 (2019)

Betty Burden JACKSON, Nancy Burden Elliott; James Burden, Rebecca Burton Bell, Darren Burton, Clarence Burton, Jr. and John Burden, Plaintiffs, v. DON JOHNSON FORESTRY, INC. and East Carolina Timber, LLC, and Nellie Burden Ward, Albert R. Burden, Levy Burden, Clarence L. Burden and Brenda B. Miller, Other Grandchildren Defendants, and East Carolina Timber, LLC, Third-Party/Counterclaim Plaintiff, v. Estate of William F. Bazemore by and through its Executors, Nellie Ward and Tarsha Dudley, and Estate of Florida Bazemore by and through its Administrator, Maria Jones, Third-Party/Counterclaim Defendants.

Court of Appeals of North Carolina.

Filed: January 15, 2019.

Attorney(s) appearing for the Case

Hornthal, Riley, Ellis & Maland, LLP, Elizabeth City, by M. H. Hood Ellis and Casey L. Peaden , for the Plaintiff.

Yates, McLamb & Weyher, L.L.P., Raleigh, by Christopher J. Skinner and Denaa J. Griffin , for Defendant Don Johnson Forestry, Inc.

McAngus Goudelock & Courie, PLLC, Raleigh by Elizabeth H. Overmann , and Ward and Smith, P.A., by Winterville, by E. Bradley Evans , for Defendant and Third-Party/Counterclaim Plaintiff East Carolina Timber, LLC.

Dixon & Thompson Law PLLC, Edenton, by Paul Faison S. Winborne , for the Third-Party/Counterclaim Defendant Estate of Florida Bazemore.

This is an appeal and cross-appeal by a number of parties from a summary judgment order in this case involving alleged damages caused by the unauthorized cutting of timber from a certain tract of land.

I. Background

In 1982, Z. J. Burden died, bequeathing a large tract of land (the "Property") to his lineal descendants...

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