JOHN CONNER CONST. v. GRANDFATHER HOLDING CO.

No. COA11-1228.

732 S.E.2d 367 (2012)

JOHN CONNER CONSTRUCTION, INC., R & G Construction Company, and Eggers Construction Company, Inc., Plaintiffs v. GRANDFATHER HOLDING COMPANY, INC., and Mountain Community Bank, a Branch of Carter County Bank, Defendants.

Court of Appeals of North Carolina.

October 2, 2012.


Attorney(s) appearing for the Case

The Tricia Wilson Law Firm, PLLC, by Tricia L. Wilson and J. Thomas Dunn, Jr. , for plaintiffs-appellants.

Roberson Haworth & Reese, P.L.L.C., High Point, by Alan B. Powell and Christopher C. Finan , for defendant-appellee Mountain Community Bank.


BRYANT, Judge.

Where plaintiffs claim for a statutory lien on real property for improvements made to realty property by a contractor dealing directly with the owner contained material facts which failed to mirror the complaint to enforce the lien, we hold the trial court did not err in granting defendant's Rule 12(b)(6) Motion to Dismiss. Accordingly, we do not address plaintiffs' appeal that the trial court also erred in dismissing plaintiffs' claims based on failure...

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