Transcript of Motion Hearing, 740 Biltmore Avenue Group vs Lyda siblings, 27 Nov 2017, Judge Alan Z Thornburg, presiding, Buncombe County Civil Superior Court. Appearing for plaintiff is Peter R. Henry, attorney. Document obtained by Asheville Watchdog, www.ashevillewatchdog.org
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
0 ratings0% found this document useful (0 votes)
717 views3 pages
Transcript
Transcript of Motion Hearing, 740 Biltmore Avenue Group vs Lyda siblings, 27 Nov 2017, Judge Alan Z Thornburg, presiding, Buncombe County Civil Superior Court. Appearing for plaintiff is Peter R. Henry, attorney. Document obtained by Asheville Watchdog, www.ashevillewatchdog.org
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
10
1
18
19
20
21
22
17-CVS-4070 740 Biltmore vs. Lyda, ete 1
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF BUNCOMBE CASE NO. 17-CVS-4070
740 BILTMORE AVENUE GROUP,
LLC. , ete.
Plaintiff, TRANSCRIPT
vs (Volume 1 of 1)
ROBERT ALAN LYDA, etc. , (Pages 1 - 5)
Defendants
Buncombe County Civil Superior Court
November 27, 2017
The Honorable Alan %. Thornburg, Judge Presiding
Motion Hearing
APPEARANCES
Peter R. Henry,
Attorney at Law,
2133 Hendersonville Road,
Arden, NC 28704,
On behalf of the Plaintiff
Pamela A. Harris, RPR,
Retired Official Court Reporter,
Judicial District 28,
Asheville, North Carolina
704-880-1946
Panelallarris7119¢@05. (PB IC TN AT
PAMELA A. HARRIS - RETIRED OFFICIAL COURT REPORTER 10
qi
13
14
16
aa)
18
17-CVS-4070 740 Biltmore vs. Lyda, ete 2
THE COURT: All right. Biltmore Avenue versus Lyda
Yes, sir.
MR. HENRY: Your Honor, this is a matter -- it’s a quiet
title action and a declaratory action seeking to have 740 Biltmore
Avenue Group declared as the owner and fee simple of an
approximately 10-acre piece of property. Biltmore Avenue Group
obtained a deed for this property but out of an abundance of
caution, we filed this action against any potential heirs who may
have some other interest in this property. The heirs were all
served by publication We could not find any viable addresses to
be able to serve anybody Nobody has responded There was an
entry of default made on November 16th, and we are now seeking
judgment by defaults in that no Defendant has answered in any way,
shape, or form.
THE COURT You couldn't find any of them?
MR. HENRY: Your Honor, no. We were not able to locate
any of the individual Defendants in this matter. We have
information that despite the fact that the property is located in
Buncombe County, we did locate an estate for the Defendants’
father and that was in Burke County. So we published notice in
Burke County because the addresses that were in that estate file
were all Burke County. But none of them were viable addresses
The estate was -- I believe it was nearly 20 years old at this
point, your Honor
THE COURT: So what method did you use to track down the
PAMELA A, HARRIS - RETIRED OFFICIAL COURT REPORTER 13
14
15
16
17
18
19
20
21
22
23
17-CVS-4070 740 Biltmore vs. Lyda, ete 3
Defendants?
MR. HENRY: Your Honor, we -
THE COURT: Besides publication
MR. HENRY: We sent notices and letters to all the
addresses that were in the estate file. We further did Internet
searches trying to locate other addresses. We did have a
investigator who sought other addresses, and we were simply unable
to come up with any viable address.
THE COURT: All right. Thank you. All right. I'LL
grant your motion and enter default judgment
MR. HENRY: Your Honor, I do have a proposed judgment if
I may approach
(Tender to the Judge.)
(Off the record discussion between the attorney and the
Judge.)
END OF ‘TRANSCRIPT
PAMELA A. HARRIS - RETIRED OFFICIAL COURT REPORTER
