Southland Associates Realtors, Inc. v. Miner

MARTIN, Judge.

In this appeal defendants contend that the Court of Appeals’ prior decision reversing summary judgment for plaintiff finally adjudicated the contractual issue between the parties, and therefore defendants’ motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) should have been allowed. Our interpretation of the former decision results in a different conclusion and we affirm the entry of judgment in plaintiffs favor.

Upon the prior appeal of this case, this court, in reversing summary judgment in favor of plaintiff, declared there were the following unresolved issues of material…