![]() ![]() In response, on 23 February 2012, Plaintiff sought and obtained an termination ex of parte the temporary franchise. In early 2012, Domino s notified Plaintiff that the previously-noticed termination would take effect on 25 February 1 Defendant Domino s also appeals from the trial court s denial of its motion to dissolve the preliminary injunction by order entered. During this time, Plaintiff continued to operate the pizza store as usual. However, Domino s never attempted to enforce the notice of termination, but rather stayed its enforcement of the notice for some 17 months. a in and on food certain safety obligations under the regarding franchise On 21 October 2010, Domino s delivered to Plaintiff of termination of Plaintiff s franchise. ![]() a In 2009, Plaintiff began receiving notices from Domino s that its franchise was quality, notice default cleanliness, agreement. That same year, Mak began operating the store through corporation he formed for that purpose, Plaintiff Live, Inc. ![]() is the franchisor of pizza stores across the In 2006, Conan Mak signed a franchise agreement with Domino s to operate a pizza store in Henderson, North Carolina. s Domino s Pizza franchise.1 Domino s country. Procedural History and Factual Background -2This court s appeal entry prohibiting on is interlocutory, arising 23 April a Defendant 2012 Domino s of Pizza, from preliminary LLC, from the trial injunction terminating Plaintiff Live, Inc. Wittrock, for Defendant Domino s Pizza, LLC. Anderson, and Gray, Plant, Mooty, Mooty & Bennett, P.A., by Quentin R. The Farrell Law Group, P.C., by Richard W. Heard in the Court of Appeals 12 December 2012. Appeal by Defendants from injunction entered 23 April 2012 and order entered by Judge Carl R. 12 CVS 164 DOMINO S PIZZA, LLC, MARK RUDD, GERALD CARPENTER, & STEVE KUONE, Defendants. COA12-930 NORTH CAROLINA COURT OF APPEALS Filed: 15 January 2013 LIVE, INC., Plaintiff, v. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of A p p e l l a t e P r o c e d u r e. An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. ![]()
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