Charles Vernon Floyd, Jr. & Sons, Inc. v. Cape Fear Farm Credit, ACA

MITCHELL, Chief Justice.

The sole question presented for review is whether the Court of Appeals had jurisdiction to decide whether the trial court erred when it granted defendant’s motion to compel election, forcing plaintiffs to choose between their claims for breach of contract and unfair or deceptive practices 1 during the trial of this case. The Court of Appeals held it was without jurisdiction to determine this issue. For the reasons that follow, we reverse the decision of the Court of Appeals.

The record reveals that the following evidence was before the trial court. Charles Vernon Floyd,…