Carlos GARCIA, Sayda Martinez, Maria Teresa Anguiano Pacheco, Margarita Hernandez, and Carlos Rodriguez Garcia, Plaintiffs, v. BOXER PROPERTY MANAGEMENT CORPORATION, CAPCO 1998-D7 Central Avenue Mall, LLC, 5471 Central Avenue, LLC, Lynn Parker, John Marlowe, and LNR Partners, Inc., Defendants. and 5471 Central Avenue, LLC, Third Party Plaintiff[,] v. City of Charlotte, Third Party Defendant.

Case Reported Without Published Opinion

Dismissed.

1 The deposition of Plaintiff Carlos Garcia lists his name as Carlos Garcia Pairazaman, but the complaint, order appealed from, and other documents in the record on appeal list his name as Carlos Garcia. Further, the fifth named plaintiff is referred to as Carlos Ramirez Garcia in the transcript of his deposition, but is listed as Carlos Rodriguez Garcia in the complaint, order appealed from, and other documents in the record on appeal.

2 The record on appeal reveals that named defendants Capco 1998-D7 Central Avenue Mall, LLC, Lynn Parker, and LNR Partners, Inc ., were never served with a summons and complaint and, accordingly, were never parties to this action. Further, only Plaintiffs Carlos Garcia and Sayda Martinez filed a notice of appeal in this matter. Per the custom of this Court, however, we list the parties exactly as they appear in the caption of the order from which the appeal is taken