Legal Opinion

Swain v. Preston Falls East, L.L.C

Court of Appeals of North Carolina

Decided March 4, 2003No. COA02-266PublishedCited by 6 opinions

1Opinion of the Court

McCullough, Judge.

Plaintiffs appeal from an order of summary judgment entered by the trial court dismissing with prejudice their claims against defendants Fogleman & Williams Developments, Inc. (“Fogleman”) and John D. Reynolds, individually and d/b/a Reynolds Construction of Chapel Hill, L.L.C. (“Reynolds”).

On 31 March 1999, plaintiffs purchased a townhouse in Cary, N.C., from its original owner, Marshall Lyle Gurley, Sr. (“Mr. Gurley”). The townhouse, built in 1994, had been finished externally with Exterior Insulation and Finish System (“EIFS”), a synthetic stucco product. Plaintiffs lived…

2Cases cited8 opinions

  1. Robertson v. BoydCourt of Appeals of North Carolina · 1988
  2. Martishius v. Carolco Studios, Inc.Supreme Court of North Carolina · 2002
  3. Nicholson v. American Safety Utility Corp.Supreme Court of North Carolina · 1997
  4. Clark v. RobertsSupreme Court of North Carolina · 1965
  5. Tise v. Yates Const. Co., Inc.Supreme Court of North Carolina · 1997

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Crawford v. MintzCourt of Appeals of North Carolina · 2009
  2. Cummings v. CarrollCourt of Appeals of North Carolina · 2020
  3. Maldjian v. BloomquistCourt of Appeals of North Carolina · 2020
  4. Provectus Biopharmaceuticals, Inc. v. Rsm US LLPNorth Carolina Business Court · 2018
  5. Stevens v. HellerCourt of Appeals of North Carolina · 2019

1 more not listed; retrieve them via the Exa API.

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