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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA05-970 NORTH CAROLINA COURT OF APPEALS Filed: 16 May 2006

DAVID L. LINCOLN and wife, JANICE Y. LINCOLN, Plaintiffs, v. NANCY BUECHE, and JASON D. FORBES, Defendants. Guilford County No. 03 CVS 11607

Appeal by plaintiffs from order entered 7 January 2005 by Judge Anderson D. Cromer in Guilford County Superior Court. in the Court of Appeals 9 March 2006. J. Michael Thomas for plaintiffs-appellants. Hicks McDonald Noecker defendants-appellees. LEVINSON, Judge. David and Janice Lincoln (plaintiffs) appeal from entry of summary judgment in favor of defendants Nancy Bueche and Jason Forbes. We dismiss plaintiffs' appeal. LLP, by David W. McDonald, for Heard

This case arises out of plaintiffs' August 2000 purchase of a house in Greensboro, North Carolina from defendant Bueche. On 1

November 2001 plaintiffs filed a complaint against defendants,

-2which they voluntarily dismissed on 5 December 2002. Plaintiffs

refiled their lawsuit on 23 October 2003, bringing claims against Bueche for breach of contract, breach of implied warranty of habitability and workmanship, and unfair and deceptive trade

practices; and against Forbes for unfair and deceptive trade practices. Defendants filed a motion for summary judgment, which Plaintiffs have

was granted by the trial court on 7 January 2005. appealed from this order. _________________

"Turning to the facts of the present case, we note this appeal arises from an order granting summary judgment. therefore de novo. Our review is

The trial court should grant summary judgment

`if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.'" McCutchen, 360 N.C. 280, 285-86, 624 S.E.2d 620, McCutchen v. 625 (2006)

(quoting N.C. Gen. Stat.

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