Taylor v. Nationsbank Corp.

EAGLES, Judge.

Plaintiffs argue that defendants’ failure to verify their answer and motion for judgment on the pleadings is fatal to their appeal. However, plaintiffs failed to raise any objection at trial to the absence of verification and failed to assign error in the record on appeal. Accordingly, this issue is not properly preserved for appellate review. N.C.R. App. P. 10(a), (b)(1).

Plaintiffs assign error to the trial court’s conversion, ex mero motu, of the parties’ motions for judgment on the pleadings pursuant to Rule 12(c) of the North Carolina Rules of Civil Procedure to motions for…