Summary
describing the claim to reform a deed as one for "judicial reformation"
Summary of this case from Bank of Am. v. SchmittOpinion
No. 156PA12–2.
2012-12-12
INLAND HARBOR HOMEOWNERS ASSOCIATION, INC. v. ST. JOSEPHS MARINA, LLC; Renaissance Holdings, LLC; St. Josephs Partners, LLC; Dewitt Real Estate Services, Inc.; Dennis Barbour; Randy Gainey; Thomas A. Saieed, Jr.; Todd A. Saieed; Robert D. Jones; and The North Carolina Coastal Resources Commission.
Don T. Evans, Jr., for Inland Harbor Homeowner's Association, Inc. Gilbert C. Laite, III, for St. Josephs Marina, LLC, et al.
Don T. Evans, Jr., for Inland Harbor Homeowner's Association, Inc. Gilbert C. Laite, III, for St. Josephs Marina, LLC, et al.
John Coble, for St. Josephs Marina, LLC, et al.
Seth P. Buskirk, for Inland Harbor Homeowner's Association, Inc.
Kelly Colquette Hanley.
ORDER
It appearing that the Court of Appeals has not addressed the issue, briefed by plaintiff and defendants on appeal, of whether:
The Trial Court erred in denying appellant's [plaintiff's] motion for summary judgement on appellant's claim for judicial reformation of the deed, and in granting appellee's motion on the same issue;
And it further appearing that in its PDR, plaintiff has restated the issue (Issue 3) to be briefed as follows:
Whether genuine issues of material fact exist precluding summary judgment for Appellee–Respondents on Plaintiff–Petitioner's ... deed reformation claim. Plaintiff's Petition for Discretionary Review is ALLOWED for the limited purpose of remanding to that court to address the issue. Defendant's Conditional Petition for Discretionary Review is DISMISSED as moot.
“Spec Order by order of the Court in conference, this the 12th of December 2012.”