Tag Archives: Motion to Dismiss

Civil Practice – Judges – Motions to Dismiss – Same Grounds – Necessary Party – Timely Joinder – Real Property – Lien (access required)

Homeshield Vinyl Siding & Windows, Inc. v. Parker & Orleans Homebuilders, Inc. Even though Judge Hobgood denied a motion to dismiss brought under N.C. R. Civ. P. 12(b)(6) and Judge Hight later granted a motion to dismiss under Rule 12(b)(7), the basis for both motions was defendants’ argument that plaintiff failed to timely join a necessary party.

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