TOPP LLC v. BIG ROCK FOUNDATION INC LLC (2013)

Supreme Court of North Carolina.

Michael TOPP, Duncan Thomasson, Martin Kooyman, and Black Pearl Enterprises, LLC v. BIG ROCK FOUNDATION, INC.; Crystal Coast Tournament, Inc.; Carnivore Charters, LLC; Edward Petrilli; Jamie Williams; Tony R. Ross, and John Doe.

No. 279A12.

Decided: January 25, 2013

Gay, Jackson & McNally, L.L.P., Zebulon, by Andy W. Gay and Darren G. Jackson, for plaintiff-appellants. Ward and Smith, P.A., Greenville, by E. Bradley Evans, for defendant-appellees Big Rock Foundation, Inc. and Crystal Coast Tournament, Inc. Wheatly, Wheatly, Weeks, Lupton & Massie, P.A., Beaufort, by Claud R. Wheatly, III and Chadwick I. McCullen, for defendant-appellees Carnivore Charters, LLC, Edward Petrilli, Jamie Williams, and Tony R. Ross.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals. This case is remanded to the Court of Appeals for further remand to the Superior Court, Carteret County for additional proceedings not inconsistent with this opinion. Discretionary review was improvidently allowed as to the additional issues.

REVERSED AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

PER CURIAM.

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