McManus v. Kluttz

HUNTER, Judge.

G. Lee Kluttz and Grayson M. Kluttz (“defendants”) 1 appeal from a grant of partial summary judgment in favor of Peggy E. McManus (“plaintiff”). For the reasons stated herein, we affirm.

As an initial matter, we note that this Court previously filed an opinion dismissing this appeal as interlocutory due to the failure of defendants’ counsel to include plaintiffs Voluntary Dismissal of her Claim for Damages in the Record on Appeal. McManus v. Kluttz, — N.C. App. -, 595 S.E.2d 238 (2004) (unpublished). Without the Voluntary Dismissal, the documents in the Record on Appeal showed…