Carolina Place Joint Venture v. Flamers Charburgers, Inc.

I vote to exercise our discretion under Rule 2 and review the issue of the sublease on the merits. The two violations of our rules are minor and no prejudice has resulted to any party. I agree with the majority concerning the trial court’s ruling granting summary judgment in favor of plaintiff, Carolina Place Joint Venture (“Carolina Place”), and awarding damages against defendant, Flamers Charburgers, Inc. (“Flamers”). However, I respectfully dissent from the order of the trial court granting summary judgment in favor of Carolina Place against third-party defendant, F.A. International *694(“FAI”)…