Berry v. Central Carolina Bank & Trust Co.

By Judge Verbena M. Askew

The Defendant, Central Carolina Bank & Trust Co. (CCB), filed a Motion for Summary Judgment on June 2, 1997. CCB filed a Memorandum in Support of Motion for Summary Judgment on August 15, 1997. The motion was heard by this Court on August 19, 1997. The Court took the matter under advisement and allowed time for Berry to file a reply brief. CCB was given additional time to respond in kind. For the reasons stated below, the Court denies CCB’s Motion for Summary Judgment,

Background

The Plaintiff, Koren C. Berry, entered into an agreement with Donald Tumioli on March…