Potts v. KEL, LLC

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 165A22

Filed 16 June 2023

W. AVALON POTTS, derivatively on behalf of STEEL TUBE, INC., plaintiff

v.

KEL, LLC, and RIVES & ASSOCIATES, LLC, defendants; STEEL TUBE, INC., nominal defendant; and LEON L. RIVES, II, defendant/counterclaimant/third-party plaintiff

AVALON1, LLC, third-party defendant/counterclaimant

Appeal pursuant to N.C.G.S. § 7A-27(a)(2) from the trial court’s order and

opinion on defendants’ Rule 59 motion for a new trial and Rule 50(b) motion for

judgment notwithstanding the verdict entered on 5 November 2021 by Judge Adam

M. Conrad, Special Superior Court Judge for Complex Business Cases, in Superior

Court, Iredell County, after the case was designated a mandatory complex business

case by the Chief Justice pursuant to N.C.G.S. § 7A-45.4(b). Heard in the Supreme

Court on 25 April 2023.

Moore & Van Allen, PLLC, by Mark A. Nebrig, John T. Floyd, and Benjamin E. Shook, for plaintiff-appellee W. Avalon Potts, derivatively on behalf of Steel Tube, Inc., and third-party defendant-appellee Avalon1, LLC.

Tuggle Duggins P.A., by Richard W. Andrews, Jeffrey S. Southerland, and Daniel D. Stratton, for defendant-appellants Rives & Associates, LLC, and Leon L. Rives II.

No brief filed for defendant-appellee KEL, LLC. POTTS V. KEL, LLC

Opinion of the Court

PER CURIAM.

For the reasons stated in the trial court’s 5 November 2021 order and opinion,

we affirm the denial of defendants’ motion for a new trial and motion for judgment

notwithstanding the verdict.

AFFIRMED.1

1 The order and opinion of the North Carolina Business Court, 2021 NCBC 72, is available at https://www.nccourts.gov/assets/documents/opinions/2021%20NCBC%2072.pdf.

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