RAINTREE HOMEOWNERS ASS'N, INC. v. BLEIMANN

No. 572PA94.

463 S.E.2d 72 (1995)

342 N.C. 159

RAINTREE HOMEOWNERS ASSOCIATION, INC. v. Karl R. BLEIMANN and wife, Rena Bleimann.

Supreme Court of North Carolina.

November 3, 1995.


Attorney(s) appearing for the Case

Weaver, Bennett & Bland, P.A. by John R. Lynch, Jr., and Michael David Bland, Matthews, for plaintiff-appellant.

Donald S. Gillespie, Jr., Charlotte, for defendants-appellees.


FRYE, Justice.

Plaintiff, Raintree Homeowners Association, Inc. (Raintree), makes four arguments on this appeal. In its first argument, plaintiff contends that the trial court erred in denying its motion for directed verdict and motion for judgment notwithstanding the verdict. We agree and hold that defendants' evidence was insufficient as a matter of law to take the case to the jury.

The following facts were undisputed at trial:

Defendants Karl R...

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