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Crosland Ardrey Woods, LLC v. Beazer Homes Corporation

Citations: 706 S.E.2d 246; 365 N.C. 89; 2011 N.C. LEXIS 118Docket: 419PA10

Court: Supreme Court of North Carolina; March 9, 2011; North Carolina; State Supreme Court

Narrative Opinion Summary

The Supreme Court of North Carolina issued an order on March 10, 2011, regarding the case CROSLAND ARDREY WOODS, LLC v. BEAZER HOMES CORPORATION, No. 419PA10. The order follows a petition for discretionary review filed by Beazer Homes Corporation on September 22, 2010, seeking review of a decision made by the North Carolina Court of Appeals under G.S. 7A-31. The Court has allowed the discretionary review and has certified the case for docketing as of the order's certification date. Both parties are required to submit their briefs according to Appellate Rule 15(g)(2). Additionally, Beazer Homes Corporation must submit an appeal bond as stipulated by Appellate Rule 17(b), with the bond amount set at $250.00, which can be paid in cash or through a written undertaking with sufficient surety.

Legal Issues Addressed

Appeal Bond Requirement under Appellate Rule 17(b)

Application: Beazer Homes Corporation is required to submit an appeal bond as part of the appellate procedure, with the bond amount specified.

Reasoning: Additionally, Beazer Homes Corporation must submit an appeal bond as stipulated by Appellate Rule 17(b), with the bond amount set at $250.00, which can be paid in cash or through a written undertaking with sufficient surety.

Certification for Docketing

Application: The Supreme Court certified the case for docketing, indicating formal acceptance of the case for review as of the certification date.

Reasoning: The Court has allowed the discretionary review and has certified the case for docketing as of the order's certification date.

Discretionary Review under G.S. 7A-31

Application: The Supreme Court of North Carolina exercised its discretion to review a decision from the North Carolina Court of Appeals upon a petition filed by Beazer Homes Corporation.

Reasoning: The order follows a petition for discretionary review filed by Beazer Homes Corporation on September 22, 2010, seeking review of a decision made by the North Carolina Court of Appeals under G.S. 7A-31.

Submission of Briefs under Appellate Rule 15(g)(2)

Application: Both parties involved in the case are directed to submit their briefs in accordance with the specific appellate procedure rule.

Reasoning: Both parties are required to submit their briefs according to Appellate Rule 15(g)(2).