Legal Opinion

Luciano v. Wyatt

Court of Appeals of North Carolina

Decided May 19, 2015No. COA14–1203Published

1Opinion of the Court

STEELMAN, Judge.

The trial court did not err by granting summary judgment for defendant on the grounds that plaintiff's complaint was barred by the doctrine of res judicata.The trial court did not make improper findings of fact by reciting the procedural history of the case in its summary judgment order.

I. Factual and Procedural Background

In 2011 Kelli Luciano (plaintiff) contracted with Deborah Wyatt (defendant, individually and d/b/a/ Out of the Box Designs) to provide design work and obtain a general contractor for an addition to her house. The project was completed in September 2012.…

2Cases cited14 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  3. Carcano v. JBSS, LLCCourt of Appeals of North Carolina · 2009
  4. Rodgers Builders, Inc. v. McQueenCourt of Appeals of North Carolina · 1985
  5. Sunamerica Financial Corp. v. BonhamSupreme Court of North Carolina · 1991

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