Miller v. Ruth's of North Carolina, Inc.

BRASWELL, Judge.

This appeal is the third arising out of litigation between these parties. Ruth’s I [now concluded and reported in 68 N.C. App. 40, 313 S.E. 2d 849 (1984)] concerned the denial of the plaintiffs request for attorneys’ fees after maintaining a successful action in which the defendant-corporations were required to redeem the plaintiffs shares of stock. Ruth’s II, currently before this Court, stemmed from the entry of summary judgment in favor of the defendants, dismissing an action filed on 15 January 1982 which included shareholders’ derivative claims as well as plaintiffs…