Moore Jr., for defendant-appellees Alliance Hospitality Management, LLC, Rolf A. Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by J. No brief for plaintiff Orlando Residence, Ltd. Heard in the Supreme Court on 11 December 2019. Gale, Senior Business Court Judge, in Superior Court, Wake County, after the case was designated a mandatory complex business case by the Chief Justice pursuant to N.C.G.S. ยง 7A-27(a)(2) from an order entered on 20 December 2018 by Judge James L. TWEETEN, AXIS HOSPITALITY, INC., and KENNETH E. ALLIANCE HOSPITALITY MANAGEMENT, LLC, ROLF A. 113A19 Filed 14 August 2020 ORLANDO RESIDENCE, LTD. IN THE SUPREME COURT OF NORTH CAROLINA No. The Supreme Court agreed, holding (1) with the exception of certain crossclaims, the dismissal of the original action does not, by itself, mandate the dismissal of a crossclaim so long as the crossclaim meets the Rule 13(g) prerequisites for bringing such a claim and (2) because res judicata barred Nelson's "qualifying claims," the dismissal of Nelson's remaining fifteen crossclaims was proper. Nelson appealed, arguing that the Business Court incorrectly ruled that a crossclaim asserted by one defendant against a co-defendant automatically ceases to be viable once the plaintiff's original claims against the defendants are dismissed. The Business Court dismissed the claims asserted by Orlando and all of Nelson's crossclaims. Nelson, appearing pro se, filed a document in which he asserted eighteen crossclaims against Alliance seeking damages and various forms of equitable relief. Orlando filed this lawsuit against Alliance and Nelson seeking recovery of funds that Alliance allegedly wrongfully transferred. This appeal arose from litigation between Kenneth Nelson, Alliance Hospitality Management, LLC, and Orlando Residence, Ltd. The Supreme Court modified and affirmed the decision of the Business Court dismissing Defendant's crossclaims against a co-defendant, holding that the Business Court correctly dismissed the crossclaims.
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