John Conner Construction, Inc. v. Grandfather Holding Co.
Court of Appeals of North Carolina
1Opinion of the Court
BRYANT, Judge.
Where plaintiffs claim for a statutory lien on real property for improvements made to realty property by a contractor dealing directly with the owner contained material facts which failed to mirror the complaint to enforce the lien, we hold the trial court did not err in granting defendant’s Rule 12(b)(6) Motion to Dismiss. Accordingly, we do not address plaintiffs’ appeal that the trial court also erred in dismissing plaintiffs’ claims based on failure to join a necessary party because our ruling on the Rule 12(b)(6) motion makes a resolution of the joinder appeal unnecessary.
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2Cases cited5 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- Embree Construction Group, Inc. v. Rafcor, Inc.Supreme Court of North Carolina · 1992
- Leary v. N.C. Forest Products, Inc.Court of Appeals of North Carolina · 2003
- Carolina Builders Corp. v. Howard-Veasey Homes, Inc.Court of Appeals of North Carolina · 1985
- West Durham Lumber Company v. MeadowsCourt of Appeals of North Carolina · 2006