Fothergill v. Seabreeze Condominiums at Hampton Ass'n

The plaintiffs, William J. and Loretta Fothergill, sued the defendant, Seabreeze Condominiums at Hampton Association (association), for damages to a condominium unit they owned. The association moved for summary judgment based on the applicable statute of limitations. The Superior Court (Gray, J.) treated the motion as a motion to dismiss and granted it. The Fothergills appealed, contending that the court erred in treating the association’s summary judgment motion as a motion to dismiss. Moreover, they argue that the association never raised this defense in a special *116plea, brief statement, or…