Legal Opinion

Friday Invs., LLC v. Bally Total Fitness of the Mid-Atlantic, Inc.

Court of Appeals of North Carolina

Decided August 1, 2017No. COA16-950PublishedCited by 2 opinions

1Opinion of the Court

TYSON, Judge.

*619Friday Investments, LLC, ("Plaintiff") appeals from the trial court's order granting summary judgment in favor of Defendant, Bally Total Fitness Holding Corporation ("Bally Holding"). Genuine issues of material fact exist regarding whether the Guaranty was "required to be maintained" or was discharged in the 2008-2009 Bankruptcy. We reverse the trial court's order granting summary judgment in favor of Bally Holding and remand.

I. Factual Background

This case arises from a lease of commercial premises between Plaintiff, as landlord and successor-in-interest to the original landlord,…

2Cases cited12 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. In Re the Will of JonesSupreme Court of North Carolina · 2008
  3. Sharpe v. WorlandSupreme Court of North Carolina · 1999
  4. In re Owens CorningCourt of Appeals for the Third Circuit · 2005
  5. DKH CORP. v. Rankin-Patterson Oil Co.Supreme Court of North Carolina · 1998

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3Cited by2 opinions

  1. Blake Family Properties, LLCUnited States Bankruptcy Court, E.D. North Carolina · 2021
  2. Indus. Fabricators, Inc. v. At-Net Servs. - Charlotte, Inc.North Carolina Business Court · 2018

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