POTTS ON BEHALF OF STEEL TUBE INC v. << (2023)

Supreme Court of North Carolina.

W. Avalon POTTS, derivatively ON BEHALF OF STEEL TUBE, INC., plaintiff v.
KEL, LLC, and Rives & Associates, LLC, defendants; Steel Tube, Inc., nominal defendant; and Leon L. Rives, II, defendant/counterclaimant/third-party plaintiff v. Avalon1, LLC, third-party defendant/counterclaimant

No. 165A22

Decided: June 16, 2023

Moore & Van Allen, PLLC, by Mark A. Nebrig, John T. Floyd, Charlotte, and Benjamin E. Shook, for plaintiff-appellee W. Avalon Potts, derivatively on behalf of Steel Tube, Inc., and third-party defendant-appellee Avalon1, LLC. Tuggle Duggins P.A., by Richard W. Andrews, Jeffrey S. Southerland, and Daniel D. Stratton, Greensboro, for defendant-appellants Rives & Associates, LLC, and Leon L. Rives II. No brief filed for defendant-appellee KEL, LLC.

For the reasons stated in the trial court's 5 November 2021 order and opinion, we affirm the denial of defendants’ motion for a new trial and motion for judgment notwithstanding the verdict.

AFFIRMED.¹

FOOTNOTES

1. The order and opinion of the North Carolina Business Court, 2021 NCBC 72, 2021 WL 5161922, is available at https://www.nccourts.gov/assets/documents/opinions/2021% 20NCBC% 2072.pdf.

PER CURIAM.

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