Opinion
No. 173PA23
06-26-2024
SOUTHLAND NATIONAL INSURANCE CORPORATION in Rehabilitation, Bankers Life Insurance Company in Rehabilitation, Colorado Bankers Life Insurance Company in Rehabilitation, and Southland National Reinsurance Corporation in Rehabilitation v. Greg E. LINDBERG, Global Growth Holdings, Inc. f/k/a Academy Association, Inc., Edwards Mill Asset Management, LLC, New England Capital, LLC, and Private Bankers Life and Annuity Co., Ltd.
Matthew Nis Leerberg, Attorney at Law, Raleigh, For Greg E. Lindberg, et al. Aaron Z. Tobin, Attorney at Law, For Greg E. Lindberg, et al. Wes J. Camden, Attorney at Law, Raleigh, For Southland National Insurance Corporation, et al. Caitlin M. Poe, Attorney at Law, Raleigh, For Southland National Insurance Corporation, et al. Lauren E. Fussell, Attorney at Law, Raleigh, For Southland National Insurance Corporation, et al. Nathan W. Wilson, Attorney at Law, Raleigh, For Greg E. Lindberg, et al. Christopher G. Browning, Jr., Attorney at Law, Raleigh, For Universal Life Insurance Company. James W. Doggett, Deputy Solicitor General, For Commissioner of Insurance. Daniel S. Johnson, Special Deputy Attorney General, For Commissioner of Insurance. M. Denise Stanford, Special Deputy Attorney General, For Commissioner of Insurance.
From N.C. Court of Appeals 22-1049; From Wake 19CVS13093, Tenth District
Matthew Nis Leerberg, Attorney at Law, Raleigh, For Greg E. Lindberg, et al.
Aaron Z. Tobin, Attorney at Law, For Greg E. Lindberg, et al.
Wes J. Camden, Attorney at Law, Raleigh, For Southland National Insurance Corporation, et al.
Caitlin M. Poe, Attorney at Law, Raleigh, For Southland National Insurance Corporation, et al.
Lauren E. Fussell, Attorney at Law, Raleigh, For Southland National Insurance Corporation, et al.
Nathan W. Wilson, Attorney at Law, Raleigh, For Greg E. Lindberg, et al.
Christopher G. Browning, Jr., Attorney at Law, Raleigh, For Universal Life Insurance Company.
James W. Doggett, Deputy Solicitor General, For Commissioner of Insurance.
Daniel S. Johnson, Special Deputy Attorney General, For Commissioner of Insurance.
M. Denise Stanford, Special Deputy Attorney General, For Commissioner of Insurance.
ORDER
This matter is before this Court on plaintiffs’ and defendants’ joint motion for a limited remand to Superior Court, Wake County. The parties request that this Court issue a limited remand to allow the trial court to implement the specific-performance remedy as set forth in the trial court’s amended judgment on 26 May 2022. This matter is remanded to the trial court for the limited purpose of implementing the specific performance of the contract between the parties. Save and except the limited remand herein, the prior orders of this Court remain in full force and effect.
By order of the Court in Conference, this the 26th day of June 2024.