Legal Opinion · Concurring in part, dissenting in part

Printing Services of Greensboro, Inc. v. American Capital Group, Inc.

Court of Appeals of North Carolina

Decided November 7, 2006No. COA06-190Published

1Concurring in part, dissenting in partGeer, Judge

I concur with the majority’s holding regarding the motion for change of venue. Because, however, I believe the Loan Broker Act, N.C. Gen. Stat. §§ 66-106 through -117 (2005), only operates to protect natural persons, I would reverse the judgment of the trial court awarding the corporate plaintiff summary judgment. Accordingly, I respectfully dissent from the remaining portions of the majority opinion.

The critical question on appeal is whether defendant is a “loan broker” within the meaning of the Loan Broker Act. That Act defines loan broker as follows:

A “loan broker” is any person, firm, or…

2Cases cited10 opinions

  1. Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
  2. Electric Supply Co. of Durham, Inc. v. Swain Electrical Co.Supreme Court of North Carolina · 1991
  3. State v. CampSupreme Court of North Carolina · 1974
  4. North Carolina School Boards Ass'n v. MooreSupreme Court of North Carolina · 2005
  5. Union Ex Rel. Maxwell v. Branch Banking & Trust Co.Court of Appeals of North Carolina · 2006

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