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BODIE ISLAND BEACH CLUB ASS'N, INC. v. WRAY

No. COA10-1569.

716 S.E.2d 67 (2011)

BODIE ISLAND BEACH CLUB ASSOCIATION, INC., et al., Plaintiffs, v. Don WRAY, Penny Wray, Jessica Smith, David R. Dixon, Stephen R. Smith, Tom Feist, Sea Wray, LLC, Croc, LLC, and SRS North Carolina Properties, LLC, Defendants.

Court of Appeals of North Carolina.

September 6, 2011.

Attorney(s) appearing for the Case

Bradford J. Lingg , Kill Devil Hills, for plaintiff-appellee.

C. Everett Thompson, II , Elizabeth City, for defendant-appellant.

BRYANT, Judge.

Where the trial court properly found that SRS failed to answer the complaint, there was no error in denying SRS's Motion for Leave to Amend Answer, entering default against SRS, granting plaintiff's motion for summary judgment against SRS, and denying SRS's Motion to Set Aside Default and Summary Judgment.

Facts and Procedural History

On 10 July 2009, Bodie Island Beach Club Association, Inc., et al. (plaintiffs) filed a complaint...

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