Foreclosure of Deed of Trust from Allan & Warmbold Const. Co., Inc., In re

Citation370 S.E.2d 222,322 N.C. 480
CourtUnited States State Supreme Court of North Carolina
Decision Date27 October 1980
PartiesIn re FORECLOSURE OF DEED OF TRUST FROM ALLAN & WARMBOLD CONSTRUCTION CO., INC., Original Mortgagor, to Kemp M. Causey, Trustee, dated

Johnston, Taylor, Allison & Hord, Charlotte, for appellant.

Waggoner, Hamrick, Hasty, Monteith, Kratt & McDonnell, and Parker Whedon, Charlotte, for Const. Co. and Carmel Chase II.

Wray, Layton, Cannon, Parker & Jernigan, Charlotte, for substitute trustee.

Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, for Loan Ass'n.

ORDER

Upon consideration of the petition filed by Robert R. Rhyne, Jr. in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 2nd day of June 1988."

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6 cases
  • Brooks v. Wal-Mart Stores, Inc.
    • United States
    • Court of Appeal of North Carolina (US)
    • August 29, 2000
    ...judgment," In re Foreclosure of Allan & Warmbold Const. Co., 88 N.C.App. 693, 696, 364 S.E.2d 723, 725, disc. review denied, 322 N.C. 480, 370 S.E.2d 222 (1988) (citing G.S. § The 19 May 1998 order deprived Wal-Mart of its claims against Dr. Deterding and CKA, and effectively rendered Wal-M......
  • Onslow County v. Moore
    • United States
    • Court of Appeal of North Carolina (US)
    • May 5, 1998
    ...of Deed of Trust from Allan & Warmbold Const. Co., Inc., 88 N.C.App. 693, 696, 364 S.E.2d 723, 725, disc. review denied, 322 N.C. 480, 370 S.E.2d 222 (1988), for the proposition that an appeal from a final judgment or order includes intermediate orders "`involving the merits and necessarily......
  • Union Grove Mill. and Mfg. Co., Inc. v. Faw
    • United States
    • Court of Appeal of North Carolina (US)
    • March 2, 1993
    ...and the trustee. See In re Foreclosure of Allan & Warmbold Constr. Co., 88 N.C.App. 693, 364 S.E.2d 723, disc. rev. denied, 322 N.C. 480, 370 S.E.2d 222 (1988). Union Grove became a third party beneficiary of that contract to the extent of one-half of any surplus proceeds as a result of its......
  • In re Foreclosure of Real Prop. Under Deed of Trust from James K. Ballard
    • United States
    • Court of Appeal of North Carolina (US)
    • March 15, 2016
    ...In re Foreclosure of Allan & Warmbold Constr. Co., 88 N.C.App. 693, 694–95, 364 S.E.2d 723, 724, disc. review denied, 322 N.C. 480, 370 S.E.2d 222 (1988). The real estate broker later moved to withdraw his bid "upon the ground that it was made in the mistaken belief that the property being ......
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