MURSHED v. HUFTON (2024)

Court of Appeals of North Carolina.

Hussain N. MURSHED, Plaintiff, v. Deputy P. HUFTON, in his individual And official capacities as a Nash County Sheriff's Deputy, and Keith Stone, in his Official capacity as Sheriff of Nash County, North Carolina and Nash County, North Carolina, Defendants.

No. COA23-627

Decided: November 05, 2024

William C. Pruden and Chad E. Axford, for plaintiff-appellee. Womble Bond Dickinson (US) LLP, by Brian F. Castro, for defendants-appellants.

Defendants appeal from an order denying their motion to dismiss. This case was consolidated with Bonet v. Costa, No. COA23-626 (Nash County 22-CVS-269) and the motions in both cases before the trial court were heard simultaneously and did not differ in substance. Each party was represented by the same counsel, and while the Bonet case was discussed first in the trial court, when prompted by the trial court about this case, Plaintiff's counsel stated “[t]hat would be the same - - our position would be the same except for his money has not been returned.” Further, the same counsel represented each party before this Court, with the parties making the same argument as to jurisdiction and substance. Thus, for the reasons stated in Bonet v. Costa, No. COA23-626, to be filed simultaneously with this opinion, this appeal is dismissed.

DISMISSED.

Report per Rule 30(e).

STROUD, Judge.

Judges MURPHY and FLOOD concur.

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