Dogwood Development and Management Co. v. White Oak Transport Co., Inc.

*116TYSON, Judge.

This Court initially heard White Oak Transport Company, Inc.’s (“defendant”) appeal from: (1) judgment and order entered after a jury found it breached a contract with Dogwood Development and Management Company, LLC (“plaintiff’); and (2) order entered, which denied its motion for judgment notwithstanding the verdict pursuant to N.C. Gen. Stat. § 1A-1, Rule 50 and its motion for a new trial pursuant to N.C. Gen. Stat. § 1A-1, Rule 59(a)(7) and (8). See Dogwood, 183 N.C. App. at 389-90, 645 S.E.2d at 214. A divided panel of this Court dismissed defendant’s appeal based upon…