Flynn v. Schamens, 809 S.E.2d 587 (2018)

March 1, 2018 · Supreme Court of North Carolina · No. 451A16

809 S.E.2d 587

Karen W. FLYNN, individually and in her representative capacity as trustee for: 2002 Irrevocable Trust for Family of Martha P. Wilson; and her capacity as account custodian for: Brynley Elizabeth Wylde, Jake William Flynn, Jeffrey E. Flynn III, Jessica J. Flynn, Joshua R. Flynn, Keegan B. Wall, Makenna Kathleen Wylde, and Riley Page Wall
v.
David Wayne SCHAMENS; Piliana Moses Schamens, individually and in her capacity as a Member of Invictus Asset Management, LLC ; Invictus Asset Management, LLC, individually and in its capacity as the General Partner of Invictus Capital Growth & Income Fund, LLP, and Invictus Income Fund, LLP ; Invictus Funds, LLC; and Tradedesk Financial Group, Inc. d/b/a Tradestream Analytics, Ltd.

No. 451A16

Supreme Court of North Carolina.

March 1, 2018

C. Kiel Garella, Attorney at Law, for Flynn, Karen W., et al.

David W. Schamens, for Schamens, David Wayne, et al.

Phillips Wiegand, Jr., Registered Agent/Pro Se, for Invictus Asset Management, LLC.

Piliana M. Schamens, Registered Agent/Pro Se, for Tradedesk Financial Group, Inc.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendants (David Wayne Schamens and Piliana Moses Schamens) on the 15th of December 2016 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiff, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 1st of March 2018."