All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
MARVEN L. POINDEXTER, INC. v.
BOARDWALK, LLC; MILLER BUILDING
CORPORATION; DEBORAH C. LEE; SHANNON W. MYERS; JOHN C. CZERWINSKI
and wife, JEANETTE M. CZERWINSKI; MANISH G. PATEL; ALLEN H. VAN
DYKE and wife, PERRY G. VAN DYKE; GEORGE CORNELSON and wife,
KIMBERLYE F. CORNELSON; AFSHIN GHAZI; and CHARLES H. HUNTLEY
On discretionary review pursuant to N.C.G.S. § 7A-31 of a
unanimous, unpublished decision of the Court of Appeals, 178 N.C.
App. 562, 631 S.E.2d 893 (2006), affirming an order entered on 14
April 2005 by Judge Larry Ford in Superior Court, Iredell County.
Heard in the Supreme Court 13 September 2007.
Erwin and Eleazer, P.A., by L. Holmes Eleazer, Jr., Fenton T. Erwin, Jr., and Lex M. Erwin, for plaintiff-appellant.
Johnston, Allison & Hord, P.A., by Martin L. White and Greg C. Ahlum, for defendant-appellee Boardwalk, LLC, and Horack, Talley, Pharr & Lowndes, by D. Christopher Osborn, for defendant-appellees individual unit owners.
For the reasons stated in Carolina Building Services'
Windows & Doors, Inc. v. Boardwalk, LLC, 362 N.C. ___, ___ S.E.2d
___ (2008) (No. 444PA06), the decision of the Court of Appeals is
reversed as to the issue before this Court on discretionary
review. The remaining issues addressed by the Court of Appeals
are not before this Court, and its decision as to those issues
remains undisturbed. This case is remanded to the Court of
Appeals for further remand to the trial court for further
proceedings not inconsistent with this opinion.
REVERSED IN PART AND REMANDED.
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