HARSHAW v. MUSTAFA

No. 8618SC668.

352 S.E.2d 247 (1987)

Doris HARSHAW dba Harshaw Bonding Company and Jo Wilkins dba Jo Wilkins Bonding Company, Plaintiffs, v. Hussain Mussallam MUSTAFA, Defendant, John Essa and Nabil Hanhan, Individually and doing business as Sultana Investments, a Partnership, Intervenor Defendants.

Court of Appeals of North Carolina.

February 3, 1987.


Attorney(s) appearing for the Case

Hatfield and Hatfield by John B. Hatfield, Jr., and Peggy Kusenberg, Greensboro, for plaintiffs-appellees.

Benjamin D. Haines, Greensboro, for intervenor defendants-appellants.


WELLS, Judge.

Intervenor defendants present two questions for review: whether the court erred in denying their Rule 12(b)(6) motion to dismiss and their Rule 60(b) motion to vacate judgment. However, the linchpin of both arguments as presented by Sultana is the same: that plaintiffs filed this action before their right against Mustafa accrued. We shall therefore begin our discussion by addressing this issue.

When defendant Mustafa failed to appear at the trial...

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