[U] Fairview Developers, Inc. v. Miller

Unpublished opinion An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. On 4 October 2004, Plaintiffs filed a complaint against Defendant for breach of contract. Defendant filed a motion for summary judgment on 12 October 2005, and Plaintiffs filed a motion for partial summary judgment on 18 October 2005. Following a hearing on 19 April 2006, the trial court granted Defendant's motion for summary judgment and denied Plaintiffs' motion for partial summary judgment by order entered 4 May 2006. Plaintiffs timely noticed appeal on 24 May 2006.