AMERICUS RETAIL HOLDINGS, LLC v. BALL

No. COA13-281.

AMERICUS RETAIL HOLDINGS, LLC, BEATTIES FORD CHARLOTTE, LLC, BELLE TERRE RETAIL INVESTORS, LLC, DAWSONVILLE RETAIL HOLDINGS, LLC, HINESVILLE RETAIL HOLDINGS, LLC, JDH OKATIE CENTER HOLDINGS, LLC, JDH RIVERVIEW COMMONS HOLDINGS, LLC, OCILLA RETAIL HOLDINGS, LLC, ROCKY RIVER RETAIL INVESTORS, LLC, STONEWATER RETAILINVESTORS, LLC, YORKTOWN RETAIL HOLDINGS, LLC, MEBANE RETAIL HOLDINGS, LLC, AUTO DRIVE RETAIL INVESTORS, LLC and JDH CAPITAL, LLC, Plaintiffs, v. MARK BALL, Defendant, Third-Party Plaintiff, v. David P. Hill; William L. Allen; Gary J. Davies; JDH Capital Management, LLC; JDH Capital Fund I LLC; JDH Fund Management I LLC; JDH Holdings, LLC;JDH IV Holdings, LLC (DE); JDH Acquisition, LLC (DE); Nauset Light Holdings, LLC; Nauset Light Equities, LLC; Nauset Light Equities IV, LLC; Nauset Light Equities V, LLC; Chatham View, LLC; Grove Park Holdings, LLC; Grove Park Equities, LLC; Grove Park Equities II, LLC; Grove Park Equities III, LLC; St. Johns Holding Company, LLC; St. Johns Investors, LLC; The Chartwell Group, LLC; Alfa Holdings, LLC; LKC Holdings, LLC; Durban Realty Services, LLC; Durban Development, LLC; Durban Management, LLC; The Durban Group, LLC; Beatties Ford Charlotte, LLC; Beatties Ford Retail Holdings, LLC; Cayce SC Retail Investors, LLC; Cayce SC Retail Holdings, LLC; College Park Retail Investors, LLC; College Park Retail Holdings, LLC; College Park Equities LLC; Creedmoor Retail, LLC; Creedmoor HT Investment Group, LLC; Dallas Retail Investors, LLC; Dallas Retail Holdings, LLC; Fayetteville Retail Investors, LLC; Fayetteville Retail Holdings, LLC; Folkston Retail Investors, LLC; Folkston Retail Holdings, LLC; JAX-DUNN River Retail Investors, LLC; KM/JDH Beatties Ford, LLC; KM/JDH Pharmacy Investors, LLC; Lake City Retail Investors, LLC; Lake City Retail Holdings, LLC; Lawrenceville Retail Investors, LLC; Lawrenceville Retail Holdings, LLC; Marietta Retail Investors, LLC; Marietta Retail Holdings, LLC; Marshall Creek Retail Investors, LLC; Marshall Creek Retail Holdings, LLC; Morrisville Retail Investors, LLC; Morrisville Retail Holdings LLC; New Hope Retail Holdings, LLC; New Hope Retail Investors, LLC; Quail Crossing Retail Holdings, LLC; Quail Crossing Retail Investors, LLC; Richmond Hill Retail Investors, LLC; Richmond Hill Retail Holdings, LLC; Shopton Square Charlotte, LLC; Sinking Spring Retail Holdings, LLC; Sinking Spring Retail Investors, LLC; South Congaree Retail Investors, LLC; South Congaree Retail Holdings, LLC; Strickland Corners Retail Investors, LLC; Strickland Corners Retail Holdings, LLC; Summit Commons Retail Investors, LLC; Summit Commons Retail Holdings, LLC; The Chelsea Group, LLC; The Orleans Investment Company, LLC; Yorktown Retail Investors, LLC; Americus Retail Investors, LLC; Dawsonville Retail Investors, LLC; Hinesville Retail Investors, LLC; Garden City Retail Investors, LLC; Garden City Retail Holdings, LLC; Grove Park Okatie Retail Investors, LLC; JDH Okatie Retail, LLC; Nauset Light Okatie Retail Investors, LLC; Mebane Retail Investors, LLC; Ocilla Retail Investors, LLC; Acworth Retail Investors, LLC; Acworth Retail Holdings, LLC; Bloomingdale Retail Investors, LLC; Conyers Retail Investors, LLC; Conyers Retail Holdings, LLC; Dallas Macland Retail Investors, LLC; Dallas Macland Retail Holdings, LLC; Elizabethtown Retail Investors, LLC; Euhlaree Retail Investors, LLC; Lithonia Retail Investors, LLC; Lithonia Retail Holdings, LLC; Lebanon Retail Investors, LLC; Mableton Retail Investors, LLC; Mableton Retail Holdings, ILC; Shores Village Retail Investors, LLC; Shores Village Retail Holdings, LLC; Swatara Retail Investors, LLC; Whispering Pines Retail Investors, LLC; Whispering Pines Retail Holdings, LLC; Woodstock Retail Investors, LLC; Woodstock Retail Holdings, LLC, Additional Defendants on Counterclaims.

Court of Appeals of North Carolina.

Filed: October 1, 2013.


Attorney(s) appearing for the Case

TISON REDDING, PLLC., by Joseph R. Pellington, David G. Redding, and Patricia Todd, for defendant.

RAYBURN COOPER & DURHAM, P.A., by G. Kirkland Hardymon, Benjamin E. Shook, MOTLEY RICE LLC., by Ingrid L. Moll, for plaintiffs.


UNPUBLISHED OPINION

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

ELMORE, Judge.

In July 2004, Mark Ball (defendant Ball) accepted employment to work for JDH Capital, LLC (JDH), a commercial retail development company. JDH created additional...

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