Speck v. North Carolina Dairy Foundation, Inc.

PHILLIPS, Judge.

The central issue on appeal is whether plaintiffs’ cause of action is barred by the three-year limitations period of G.S. 1-52. Because the record contains evidence supporting plaintiffs’ allegations of a breach of fiduciary duty, we hold that their claim may fall under the ten-year limitations period of G.S. 1-56 and therefore summary judgment was not proper.

Summary judgment for the defendants is proper only if the evidence in the light most favorable to the plaintiffs shows no genuine issue of material fact and that the defendants are entitled to judgment as a matter of law.…