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Civil Practice – Appeals – Time for Filing – Rule 59 – Grounds – Discovery – Request for Admissions – Central Issue (access required)

Diversified Financial Services, LLC v. F & F Excavating & Paving, Inc. Defendants timely filed a N.C. R. Civ. P. 59 motion for relief from summary judgment, but the only ground stated in support of the Rule 59 motion was a request for a change in N.C. law. Since this is not one of the grounds set out in Rule 59, defendants’ Rule 59 motion did not toll the time for appealing the summary judgment order. Defendants’ appeal of the summary judgment order is dismissed. As to defendants’ appeal of the denial of their Rule 59 motion, we affirm.

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