Mitchell v. Broadway

STEELMAN, Judge.

This cause of action arose from allegations that defendant unlawfully cut timber on plaintiffs' property without their consent. The trial court granted partial summary judgment in favor of defendant James A. Broadway, resulting in the dismissal of plaintiffs' and third-party defendants' claim for double damages pursuant to N.C. Gen. Stat. § 1-539.1(a) (2003). The trial court also denied the motion for partial summary judgment of the plaintiffs, Ed S. Mitchell, Jr., Hattie B. Mitchell, Evelyn M. Snead and Rosa M. Sutton, and Third-Party Defendants, Edna Mitchell Huggins, Ralph…