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Knotts-Thomas v. City of Sanford
(2×)
By attending the hearing of the motion on 15 September 1977 and participating in it and failing to request a continuance or additional time to produce evidence, plaintiff waived any procedural notice required. 38 N.C.App. 664, 667-68 , 248 S.E.2d 904, 907 (1978); see also Richland Run Homeowners Assn. v. CHC Durham Corp., 123 N.C.App. 345, 347 , 473 S.E.2d 649, 651 (1996) ("[B]y attending and participating in the hearing without objection or without requesting a continuance, plaintiff waived any right to object to the summary judgment hearing on the ground of lack of notice."), rev'd per curia…
Retrieving the full opinion text from the archive…
RICHLAND RUN HOMEOWNERS ASSOCIATION, INC.
v.
CHC DURHAM CORPORATION, f/k/a TIMCO, INC., f/k/a DURHAM CORPORATION, f/k/a RICHLAND PROPERTIES INC. and CAPITAL HOLDING CORPORATION
v.
CHC DURHAM CORPORATION, f/k/a TIMCO, INC., f/k/a DURHAM CORPORATION, f/k/a RICHLAND PROPERTIES INC. and CAPITAL HOLDING CORPORATION
No. 391A96.
Supreme Court of North Carolina.
May 9, 1997.
Wyrick, Robbins, Yates & Ponton L.L.P, by Samuel T. Wyrick, III, and, Lee M. Whitman, for plaintiff-appellant.
,
Wyche & Story, L.L.P., by N. Hunter Wyche, Jr., and Philip R. Isley, for defendant-appellees.
Cited by 8 opinions | Published
PER CURIAM.
For the reasons stated in the dissenting opinion by Judge Greene, the decision of the Court of Appeals is reversed and the case is remanded to the Court of Appeals for remand to the Superior Court, Wake County, for further proceedings not inconsistent with Judge Greene’s dissenting opinion.
REVERSED AND REMANDED.