TD Bank, N.A. v. Eagles Crest at Sharp Top, LLC
Supreme Court of North Carolina
TD Bank, N.A. v. Eagles Crest at Sharp Top, LLC
Opinion
IN THE SUPREME COURT OF NORTH CAROLINA
No. 350PA16
Filed 26 October 2018 TD BANK, N.A.
v. EAGLES CREST AT SHARP TOP, LLC, JOHN W. HOLDSWORTH, and JOHN H. SEATS
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous, unpublished decision of the Court of Appeals, ___ N.C. App. ___, 791 S.E.2d 651 (2016), dismissing defendants’ appeal from an order of summary judgment entered on 11 July 2014 and affirming an order denying reconsideration entered on 5 December 2014 by Judge Gary M. Gavenus in Superior Court, Yancey County. Heard in the Supreme Court on 7 November 2017.
Ward and Smith, P.A., by Norman J. Leonard and Lance P. Martin, for
plaintiff-appellee.
David R. Payne, P.A., by David R. Payne and Brian W. Sharpe, for defendant-
appellants.
PER CURIAM.
DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
Reference
- Status
- Published
- Syllabus
- Appeal from trial court's entry of summary judgment for plaintiff and subsequent order denying defendants' motion for reconsideration under Civil Procedure Rule 59 whether defendants' Rule 59 motion tolled the time period in Rule of Appellate Procedure 3(c) for filing an appeal from the summary judgment order whether Rule 59 can provide relief from a summary judgment order or is limited to post-trial motions.