FMS Management Systems, Inc. v. Thomas, 310 N.C. 742 (1984)

April 30, 1984 · Supreme Court of North Carolina · No. 19A84
310 N.C. 742

FMS MANAGEMENT SYSTEMS, INC. v. E. H. THOMAS and JESSE M. WALLER

No. 19A84

(Filed 30 April 1984)

APPEAL of right, pursuant to G.S. 7A-30(2), from a decision of a divided panel of the Court of Appeals, affirming the trial court’s granting of plaintiffs motion for judgment on the pleadings in an action on a Florida deficiency judgment. The opinion of the Court of Appeals by Judge Vaughn, with Judge Braswell concurring and Judge Wells dissenting, is reported at 65 N.C. App. 561, 309 S.E. 2d 697 (1983).

Young, Moore, Henderson & Alvis, P.A., by Edward B. Clark and B. T Henderson, II, for plaintiff appellee.

Parker Whedon for defendant appellants.

PER CURIAM.

The pertinent facts are accurately stated in the decision of the Court of Appeals. For the reasons there stated, the decision of the Court of Appeals is

Affirmed.