[DOWNLOAD] "Lowder v. Doby" by Court of Appeals of North Carolina No. 8320SC728 " Book PDF Kindle ePub Free

by Wayne Hubbard May 08, 2021 Post a Comment

eBook details

Title: Lowder v. Doby
Author : Court of Appeals of North Carolina No. 8320SC728
Release Date : January 15, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

This is yet another in the series of vexatious collateral attacks on a corporate receivership. The factual background for this action is set forth in Hudson v. All Star Mills, Inc., 68 N.C. App. 447, 315 S.E.2d 514, disc. rev. denied, 311 N.C. 755, S.E.2d (1984). The sole question presented for review is whether the trial court erred in granting defendants' motions to dismiss under N.C. Gen. Stat. Â§ 1A-1, Rule 12(b)(6) of the Rules of Civil Procedure. It is apparent from the wording of the order of dismissal that the trial court considered the record of proceedings in Lowder v. All Star Mills, Inc., No. 79CVS015, a civil action pending in the Stanly County Superior Court. Pursuant to the provision of Rule 12(b)(6), defendants' motions were thus converted to Rule 56 motions for summary judgment. See Smith v. Insurance Co., 43 N.C. App. 269, 258 S.E.2d 864 (1979) and cases and authorities cited therein. Accordingly, we treat the trial court's order as constituting entry of summary judgment for defendants.