SUNTRUST BANK v. BRYANT/SUTPHIN PROP., LLC

No. COA12-131.

732 S.E.2d 594 (2012)

SUNTRUST BANK, Plaintiff, v. BRYANT/SUTPHIN PROPERTIES, LLC, Calvert R. Bryant, Jr. and Donald H. Sutphin, Defendants.

Court of Appeals of North Carolina.

September 18, 2012.


Attorney(s) appearing for the Case

Bell, Davis & Pitt, P.A., Winston-Salem, by William K. Davis , Kevin G. Williams , and Andrew A. Freeman , for plaintiff-appellant/cross-appellee.

Boydoh & Hale, PLLC, by J. Scott Hale and Robert E. Boydoh, Jr. , Greensboro, for defendants-cross-appellants/appellees.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Robert A. Singer , J. Benjamin Davis , and Mary F. Pena , for amicus curiae.


STROUD, Judge.

Plaintiff and defendants Bryant/Sutphin Properties, LLC and Donald H. Sutphin appeal. For the following reasons, we reverse the trial court's entry of an award for unfair or deceptive practice to Bryant/Sutphin Properties, LLC and affirm the trial court on all other issues raised by the parties.

I. Background

Plaintiff and defendant Bryant/Sutphin Properties, LLC ("BSP") entered into a Commercial Note ("Note") whereby plaintiff would...

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