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HILL v. HILL

Supreme Court of North Carolina
Nov 1, 2001
Important Paras
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Gifts — sufficient evidence of gift — malicious prosecution — abuse of process

The decision of the Court of Appeals in this case is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that plaintiff's evidence was sufficient for the jury to find that defendant father gifted a business and all of its assets to plaintiff son and to support submission to the jury of plaintiff's claims for malicious prosecution and abuse of process; therefore, the case is remanded to the Court of Appeals for consideration of defendants' remaining assignments of error.

PER CURIAM.

For the reasons stated in section one of the dissenting opinion by Judge Tyson, the decision of the Court of Appeals is reversed and this case is remanded to that court to address defendants' remaining assignments of error.

REVERSED AND REMANDED.