SEA GATE ASSOCIATION INC v. MITCHELL (2022)

Court of Appeals of North Carolina.

SEA GATE ASSOCIATION, INC., Plaintiff, v. Joe Jesse MITCHELL, Defendant.

No. COA21-585

Decided: November 15, 2022

Ward and Smith, P.A., by Eric J. Remington, for the Plaintiff-Appellee. David A. Sawyer, for the Defendant-Appellant.

¶ 1 This case involves facts and arguments like those considered in Sea Gate Ass'n v. Range, ––– N.C. App ––––, ––– S.E.2d –––– (2022) (COA21-581) which we have decided today by separate opinion. Based on the reasoning stated in that opinion, we affirm the trial court's grant of summary judgment for Plaintiff on its implied contract theory, and we reverse the trial court's award of attorney's fees.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

Report per Rule 30(e).

DILLON, Judge.

Judges DIETZ and TYSON concur.

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