MACE v. UTLEY

No. COA19-726.

853 S.E.2d 210 (2020)

Jerry MACE, Sr. & Mace Grading Co., Inc., Plaintiffs, v. Scott T. UTLEY, II, Jody Bell, Energy Partners, LLC & Energy Partners of NC, LLC, Utley Enterprises, LLC d/b/a Energy Partners of Mebane, Defendants.

Court of Appeals of North Carolina.

Filed: December 15, 2020.


Attorney(s) appearing for the Case

K.E. Krispen Culbertson , Culbertson, Greensboro, for plaintiffs-appellants.

Steffan & Associates, P.C., Hillsborough, by Kim K. Steffan , for defendants-appellees.


When Plaintiffs fail to comply with discovery rules, we affirm the trial court's order denying the motion to compel depositions. Where there are genuine issues of material fact, we hold the trial court errs in entering summary judgment in favor of Defendants and dismissing Plaintiffs' action.

BACKGROUND

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