Lee v. Swansboro Country Property Owners Ass'n

Opinion

HULL, J.

In this appeal, we conclude that the trial court erred in ruling untimely plaintiff’s motion to quash a subpoena duces tecum. We therefore reverse and remand to the trial court to consider plaintiff’s motion on its merits.

Facts and Proceedings

In proceedings that are not part of the record on appeal, defendant Swansboro Country Property Owners Association was awarded a money judgment against plaintiff Don H. Lee. On September 2!, 2004, defendant wrote to plaintiff demanding payment of the judgment and stated that if payment was not forthcoming, it would schedule an examination…