Lowrey v. Choice Hotels Int'l, Inc
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. IN THE COURT OF APPEALS OF NORTH CAROLINA 2021-NCCOA-437 No. COA20-649 Filed 17 August 2021 Durham County, No. 19 CVS 3400 TAMMY LOWREY, Plaintiff, v. CHOICE HOTELS INTERNATIONAL, INC., MANOJKUMAR (AKA “MANOJ”) MOHANLAL GANDHI, MONA GANDHI, MM SHIVAH, LLC, MM VAIBHAVLAXMI, LLC; CI HOTELS, LLC and WS HOTELS, LLC, Defendants. Appeal by Defendant Choice Hotels International, Inc. from an order entered 3 March 2020 by Judge Orlando F. Hudson in Durham County Superior Court. Heard in the Court of Appeals 27 April 2021. Kennedy Kennedy Kennedy & Kennedy, LLP, by Harvey L. Kennedy and Harold L. Kennedy, III, The Law Offices of John McCabe, by Ruth Sheehan, and The Francis Law Firm, PLLC, by Charles T. Francis, for Plaintiff-Appellee. Yates, McLamb & Weyher, LLP, by Christopher J. Skinner and Joshua D. Neighbors, for Defendant-Appellant Choice Hotels International, Inc. Brown, Crump, Vanore & Tierney, LLP, by Skylar J. Gallagher and O. Craig Tierney, Jr., and Daughtry Woodard Lawrence & Starling, LLP, by N. Leo Daughtry and Luther D. Starling, Jr., for Defendants-Appellants Manojkumar Mohanlal Gandhi, Mona Gandhi, MM Shivah, LLC, MM Vaibhavlaxmi, LLC; CI Hotels LLC, and WS Hotels LLC. INMAN, Judge. LOWERY V. CHOICE HOTELS INT’L, INC. 2021-NCCOA-437 Opinion of the Court ¶1 This appeal was consolidated for hearing with Lowrey v. Choice Hotels Int’l, Inc., 2021-NCCOA-___, COA20-662 (2021) (unpublished) and Lowrey v. Choice Hotels Int’l, Inc., 2021-NCCOA-___, COA20-782 (2021) (unpublished), filed concurrently herewith. Because these appeals concern the same issues, parties, and counsel, we vacate the order appealed from as set forth in Lowrey, 2021-NCCOA-___, COA20-662, and remand the matter for further proceedings consistent with that opinion. VACATED AND REMANDED WITH INSTRUCTIONS Judges GORE and GRIFFIN concur. Report per Rule 30(e).
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