SAM'S EAST, INC. v. Hinton

Court of Appeals of North Carolina

SAM'S EAST, INC. v. Hinton

676 S.E.2d 654, 197 N.C. App. 229, 2009 N.C. App. LEXIS 781

CourtCourt of Appeals of North Carolina

DecidedMay 19, 2009

DocketCOA08-453

StatusPublished

This text of 676 S.E.2d 654 (SAM'S EAST, INC. v. Hinton) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

SAM'S EAST, INC. v. Hinton, 676 S.E.2d 654, 197 N.C. App. 229, 2009 N.C. App. LEXIS 781 (N.C. Ct. App. 2009).

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Opinion

STROUD, Judge.

Plaintiff Sam’s East, Inc. appeals from an order entered 4 January 2008 granting summary judgment in favor of defendant. This case was consolidated with Wal-Mart Stores East, Inc. v. Hinton, No. COA08-450 (Wake County 06-CVS-3928) for the purpose of entry of summary judgment because as the trial court stated in the summary judgment order, “with the exception of the amounts assessed . . . the same facts and reasoning apply” to both cases. Neither party disputes this statement and we found nothing in the record indicating otherwise. Accordingly, for the reasons stated in Wal-Mart Stores East, Inc. v. Hinton, No. COA08-450, which is to be filed simultaneously with this opinion, judgment is affirmed with respect to the assessment of additional taxes and interest thereon. Furthermore, judgment as to the penalties assessed is also affirmed.

Affirmed.

Judges STEELMAN and JACKSON concur.

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STROUD, Judge.

Plaintiff Sam’s East, Inc. appeals from an order entered 4 January 2008 granting summary judgment in favor of defendant. This case was consolidated with Wal-Mart Stores East, Inc. v. Hinton, No. COA08-450 (Wake County 06-CVS-3928) for the purpose of entry of summary judgment because as the trial court stated in the summary judgment order, “with the exception of the amounts assessed . . . the same facts and reasoning apply” to both cases. Neither party disputes this statement and we found nothing in the record indicating otherwise. Accordingly, for the reasons stated in Wal-Mart Stores East, Inc. v. Hinton, No. COA08-450, which is to be filed simultaneously with this opinion, judgment is affirmed with respect to the assessment of additional taxes and interest thereon. Furthermore, judgment as to the penalties assessed is also affirmed.

Affirmed.

Judges STEELMAN and JACKSON concur.

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Bluebook (online)

676 S.E.2d 654, 197 N.C. App. 229, 2009 N.C. App. LEXIS 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sams-east-inc-v-hinton-ncctapp-2009.

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