Opinion
No. COA15-822
06-07-2016
FRIDAY INVESTMENTS, LLC, Plaintiff, v. BALLY TOTAL FITNESS OF THE MID-ATLANTIC, INC. f/k/a Bally Total Fitness of the Southeast, Inc. f/k/a/ Holiday Health Clubs of the Southeast, Inc. as successor-in-interest to Bally Total Fitness Corporation; and BALLY TOTAL FITNESS HOLDINGS CORPORATION, Defendants.
Horack, Talley, Pharr & Lowndes, P.A., by Keith B. Nichols, for Appellants-Defendants. Knox, Brotherton, Knox & Godfrey, by Lisa Godfrey, for Plaintiff- Appellee.
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. Mecklenburg County, No. 14-CVS-8495 Appeal by Plaintiff from stay of Order entered 9 April 2015 by Judge Jesse B. Caldwell III in Mecklenburg County Superior Court. Heard in the Court of Appeals 14 January 2016. Horack, Talley, Pharr & Lowndes, P.A., by Keith B. Nichols, for Appellants-Defendants. Knox, Brotherton, Knox & Godfrey, by Lisa Godfrey, for Plaintiff- Appellee. INMAN, Judge.
Friday Investments, LLC ("Plaintiff") appeals the trial court's 13 April 2015 Order staying, pending appeal, its 9 April 2015 Order denying Bally Total Fitness of the Mid-Atlantic, Inc. and Bally Total Fitness Holding Corporation's (collectively "Defendants") Motion for a Protective Order on Supplementation of Written Discovery and granting Plaintiff's Motion to Compel production of email and written communication between Defendants and Blast Fitness Group ("Blast").
Because the appeal to this Court from the trial court's orders has been resolved by this Court's decision in Friday Investments, LLC v. Bally Total Fitness of the Mid Atlantic, Inc., No. 15-680, we dismiss this appeal as moot.
DISMISSED.
Judges STEPHENS and HUNTER, JR. concur.
Report per Rule 30(e).