Triton Industries, Inc. v. Riverwalk in Highlands, LLC

TRITON INDUSTRIES, INC., Plaintiff,

v.

RIVERWALK IN HIGHLANDS, LLC, Defendant.

No. COA08-583

Court of Appeals of North Carolina

Filed February 17, 2009

This case not for publication

Creighton W. Sossomon, for plaintiff-appellant.

Jones, Key, Melvin & Patton, P.A., by Fred H. Jones, for defendant-appellee.

JACKSON, Judge.

Triton Industries, Inc. ("plaintiff") appeals from an order granting a motion to dismiss in favor of Riverwalk in Highlands, LLC ("defendant"). For the following reasons, we affirm in part and reverse in part.

Plaintiff is a general contractor incorporated in the State of Georgia.…