Micro Capital Investors, Inc. v. Broyhill Furniture Industries, Inc.

Although I concur in the Court’s treatment of the issue of standing and the Court’s decision to affirm Judge Evans’ denial of Plaintiff’s motion to amend its complaint, I am unable to concur in its decision to affirm Judge Gregory’s decision to grant summary judgment in favor of Plaintiff. As a result, I concur in the Court’s decision in part and dissent from that decision in part.

As the Court notes, the extent to which Judge Gregory’s orders granting summary judgment in favor of Defendant should or should not be affirmed hinges upon whether the contractual provision requiring Defendant to…