Azalea Garden Board & Care, Inc. v. Vanhoy

HUNTER, Robert C., Judge.

Plaintiff Azalea Garden Board & Care, Inc. (“plaintiff” or “Azalea Garden”) appeals from an order entered 7 March 2008 by Judge Ben F. Tennille (“Judge Tennille”) in Davidson County Superior Court granting summary judgment in favor of defendant Meredith Dodson’Vanhoy (“Ms. Vanhoy”) in her capacity as personal representative of her father’s, Ricky C. Dodson (“Mr. Dodson”), estate (the “Estate”) and dismissing plaintiff’s breach of contract action based on: (1) N.C. Gen. Stat. § 28A-19-3 (2007), i.e., North Carolina’s non- claim statute; and (2) N.C. Gen. Stat. §…