The NC Court of Appeals has ruled in favor of Salvatore Mirabella who maintains he does owe money to TD Bank. Mirabella borrowed money from Carolina First Bank and said there was not adequate proof of the merger. TD Bank won in Buncombe County court, but this appeal sends the case back down to the Superior Court.
Said the court in the decision ““However, neither the complaint nor any other documents in the record which were presented to the trial court reveal any evidence of a merger or explain why plaintiff is TD Bank instead of Carolina First Bank.”
The court concluded there is a “reasonable question” whether the merger occurred.
No trial date has been set.