Larsen, et al v Susan Rice Truffle Products LLC, et al

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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA14-1041 Filed: 5 May 2015 Moore County, No. 13-CVS-1380 KAREN LARSEN, MARY JO STOUT, CHIARA IDHAMMAR, and CHRISTER IDHAMMAR, Plaintiffs, v. SUSAN RICE TRUFFLE PRODUCTS LLC and SUSAN RICE, Defendants. Appeal by Defendants from an order entered on 16 June 2014 by Judge James M. Webb in Moore County Superior Court. Heard in the Court of Appeals on 4 March 2015. H. Gregory Johnson and Jane Soboleski, Ferikes & Bleynat, PLLC, for Defendant-Appellants. R. Palmer Sugg and Neil T. Oakley, Robbins May & Rich, LLP, for PlaintiffAppellees. HUNTER, JR., Robert N., Judge. Susan Rice Truffle Products, LLC and Susan Rice (collectively, “Defendants”) appeal from an order granting Plaintiffs’ motion for judgment on the pleadings pursuant to Rule 12(c) of the North Carolina Rules of Civil Procedure. Defendants’ assignments of error and arguments in the present case are similar to those in companion case COA14-1040. In both cases, Defendants argue that the trial court erred in granting Plaintiffs’ motion for judgment on the pleadings. In COA14-1040, Defendants use N.C. Gen. Stat. § 55-16-01 (governing corporate LARSEN, ET AL. V. SUSAN RICE TRUFFLE PRODUCTS LLC, ET AL. Opinion of the Court records) to support their argument, whereas in this case, Defendants cite N.C. Gen. Stat. § 57C-3-04 (repealed effective 1 January 2014, formerly governing LLC members’ ability to access records). Defendants’ principal brief and reply brief in this case have the same fatal jurisdictional deficiencies as the briefs in the companion case. For the reasons stated in COA14-1040, we dismiss Defendants’ appeal as interlocutory. DISMISSED. Judges STEPHENS and TYSON concur. -2-

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