# Trillium Ridge Condominium Ass'n v. Trillium Links & Village, LLC

> Court of Appeals of North Carolina · September 16, 2014 · 236 N.C. App. 478

URL: https://www.frixlaw.com/law-library/cases/9803764

## Case

- **Full name:** TRILLIUM RIDGE CONDOMINIUM ASSOCIATION, INC., Plaintiff v. TRILLIUM LINKS & VILLAGE, LLC; TRILLIUM CONSTRUCTION COMPANY LLC; SHAMBURGER DESIGN STUDIO, P.C., SHAMBURGER DESIGN, INC. (Fka SHAMBURGER DESIGN STUDIO, INC.), S.C. CULBRETH JR., GREGORY A. WARD, Defendants
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 16, 2014
- **Citations:** 236 N.C. App. 478; 764 S.E.2d 203; 2014 N.C. App. LEXIS 1015
- **Precedential status:** Published
- **Opinion:** Concurrence by Hunter
- **Judges:** Ervin, Hunter, Stroud
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9803764

## How later opinions describe it (automated extraction)

- holding that the trial court erred in granting summary judgment in the defendants’ favor on the basis of the statute of limitations when there were factual disputes over when the plaintiff could have discovered the defendants’ breach of fiduciary duty
- affirming summary judgment for the defendants on a claim of constructive fraud where the plaintiff adduced no evidence "tending to show that [the defendants] sought to benefit themselves in the transaction"

## Opinion text

Judge ROBERT N. HUNTER, JR.
concurring in part and concurring in result only in part in separate opinion prior to 6 September 2014.
I concur in the opinion of the majority in all respects except for the analysis of the constructive fraud claim. For the reasons discussed in Orr v. Calvert, 212 N.C. App. 254, 270 , 713 S.E.2d 39, 50 (Hunter, Jr., J., dissenting), rev’d for reasons stated in dissenting opinion, 365 N.C. 320 , 720 S.E.2d 387 (2011), I only concur in the results as to this issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9803764. Public record. Not legal advice.