City of Charlotte v. Noles

McGEE, Judge.

Plaintiff was awarded a judgment against defendant of $170,527.92 plus interest and costs on 22 August 1988. Plaintiff filed a verified complaint on 24 July 1998 alleging that the 1988 judgment remained unsatisfied. Defendant filed a motion to dismiss under N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief could be granted, and plaintiff moved for summary judgment.

Following a hearing on 14 April 1999, the trial court denied defendant’s motion to dismiss and delayed ruling on plaintiffs motion for summary judgment “pending further proceedings.”…