Poston v. Morgan-Schultheiss, Inc.

ARNOLD, Judge.

Plaintiff argues on appeal that each defendant has failed to show that no genuine issue of material fact exists.

Defendant Morgan-Schultheiss raised as its fifth defense the statute of limitations. G.S. 1-52(9) establishes a three-year statute of limitations for actions grounded in fraud or mistake, and the present action was brought more than five years after the transaction in which plaintiff conveyed her property to defendant. Where it clearly appears that plaintiff’s claim is barred by the running of the statute of limitations, defendant is entitled to judgment as a matter of…