Eways v. Governor's Island

MARTIN, Justice.

Plaintiff challenges the trial court’s dismissal of the suit he instituted to recover a security deposit held in escrow by order of the United States Bankruptcy Court for the Eastern District of North Carolina pursuant to a bid he had made to purchase property owned by the defendant Governor’s Island. In response to defendants’ motion to dismiss, the trial court concluded as a matter of law that it lacked subject matter jurisdiction to hear the action and dismissed the suit. Relying on Gilliam v. Sanders, 198 N.C. 635, 152 S.E. 888 (1930), the Court of Appeals unanimously…