Vaill v. Franklin

OPINION

This case came before a panel of this court for oral argument October 20,1998, pursuant to an order that had directed all parties to appear in order to show cause why the issues raised in this appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be decided at this time.

The plaintiffs, Barry C. Vaill (Vaill) and Exeter Enterprises, Inc., d/b/a the Christmas House (hereinafter collectively “plaintiffs”), appeal…