Friday Invs., LLC v. Bally Total Fitness of the Mid-Atl., Inc., 793 S.E.2d 685 (2016)

Dec. 8, 2016 · Supreme Court of North Carolina · No. 248PA16

793 S.E.2d 685

FRIDAY INVESTMENTS, LLC
v.
BALLY TOTAL FITNESS OF THE MID-ATLANTIC, INC. f/k/a Bally Total Fitness of the Southeast, Inc. f/k/a Holiday Health Clubs of the Southeast, Inc. as successor-in-interest to Bally Total Fitness Corporation; and Bally Total Fitness Holdings Corporation

No. 248PA16

Supreme Court of North Carolina.

December 8, 2016

Lisa G. Godfrey, Attorney at Law, Charlotte, Peter R. Fenn, Attorney at Law, Ira H. Grolman, Attorney at Law, Stacy C. Cordes, Attorney at Law, for Bally Total Fitness of the Mid-Atlantic, Inc., et al.

Keith B. Nichols, Attorney at Law, Charlotte, Samuel S. Kohn, Attorney at Law, for Friday Investments, LLC.

ORDER

Upon consideration of the petition filed on the 1st of July 2016 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 8th of December 2016."

The following order has been entered on the motion filed on the 8th of July 2016 by Defendants to Amend Petition for Discretionary Review:

"Motion Allowed by order of the Court in conference, this the 8th of December 2016."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).

Defendant shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.