Bruce v. Wiser Software
CourtCourt of Appeals of North Carolina
Date FiledNovember 4, 2026
Docket26-219
JudgeJudge Michael Stading
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
An unpublished opinion of the North Carolina Court of Appeals does not constitute
controlling legal authority. Citation is disfavored, but may be permitted in accordance with
the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA26-219
Filed 4 November 2026
Mecklenburg County, No. 23CV030035-590
GUY BRUCE AND APPEALING SOLUTIONS, LLC, Plaintiffs,
v.
WISER SOFTWARE and MICHAEL ALEXANDER MORTON, Defendants.
Appeal by Plaintiff from order entered 3 June 2025 by Judge David Strickland
in Mecklenburg County Superior Court. Heard in the Court of Appeals 17 September
2026.
Guy Bruce, pro se plaintiff-appellee.
Lord & Lindley, PLLC, by Tyler B. Peacock, for defendants-appellants.
STADING, Judge.
Guy Bruce (“Plaintiff”) appeals from judgment entered 3 June 2025 granting
Michael Morton’s (“Defendant”) motion to dismiss all claims against him. Plaintiff
argues one issue on appeal, whether the trial court violated his due process rights by
declining to consider evidence outside the complaint before dismissing Plaintiff’s
claims.
BRUCE V. WISER SOFTWARE
Opinion of the Court
I. Background
Plaintiff is the managing partner and majority shareholder of Appealing
Solutions, LLC (“Appealing Solutions”). Appealing Solutions is a corporation
“founded to provide organizational performance engineering services and software to
schools.” In 2022, Plaintiff and Appealing Solution used an online directory called
“Guru.com” to identify skilled software developers to design a mobile app. Using
Guru.com, Plaintiff found Wiser Software, which appeared to be a group of several
software developers. Plaintiff, acting for Appealing Solutions, entered into written
contracts with three developers all working for Wiser Software: Abdinassir Abdi,
Brisa Lee, and Juan Roldan. Plaintiff then deposited $40,000.00 with Guru.com to
direct payment to Wiser Software.
After the app was delivered to Plaintiff, he noticed errors which rendered the
software “unusable.” Plaintiff complained to the three individual developers.
Abdinassir Abdi responded, telling Plaintiff he would not fix the problems.
Thereafter, Abdinassir Abdi could not be reached. Plaintiff was similarly unable to
get relief from the other developers, Brisa Lee and Juan Roldan. Plaintiff then
contacted Defendant, whose name appeared as part of the Wiser Software team in
the Guru.com listing. Defendant’s name also appears in Plaintiff’s Guru.com
transaction log, listing Defendant as the recipient of the $40,000.00 paid. Defendant,
however, denied any knowledge of Wiser Software, Plaintiff, or the transaction at
issue.
-2-
BRUCE V. WISER SOFTWARE
Opinion of the Court
On 17 October 2023, Plaintiff filed suit against Wiser Software and Defendant
in Mecklenburg County. The Mecklenburg County Clerk of Court entered entry of
default against Defendant on 22 July 2024. Then, on 11 November 2024, Superior
Court Judge Carla Archie entered an order granting summary judgment against
Defendant. Defendant subsequently moved to set aside entry of default and summary
judgment. On 17 March 2025, Superior Court Judge Matthew Osman set aside both
the entry of default and summary judgment after finding Defendant had not been
properly served. That same day, Plaintiff filed an amended complaint.
On 21 April 2025, Defendant moved to dismiss all claims against him for
failure to state a claim for which relief could be granted. Defendant argued that the
complaint failed to allege Defendant was party to any contract with Plaintiff.
Additionally, Defendant argued that Plaintiff’s unfair and deceptive trade practices
act claims could not be sustained because Plaintiff did not allege any unfair acts by
Defendant. On 3 June 2025, Superior Court Judge David Strickland (“the trial
court”) entered an order dismissing all claims against Defendant with prejudice since
“the Amended Complaint fail[ed] to state a claim upon which relief can be granted
against [Defendant].”
On 4 June 2025, Plaintiff noticed appeal of the order dismissing his claims
against Defendant. On 11 September 2025, this Court dismissed Plaintiff’s claims as
interlocutory because Plaintiff’s claims against Wiser Software were ongoing in
Mecklenburg County Superior Court. Plaintiff then voluntarily dismissed his claims
against Wiser Software and refiled his notice of appeal. Plaintiff’s voluntary
-3-
BRUCE V. WISER SOFTWARE
Opinion of the Court
dismissal renders the trial court’s order final and subject to immediate appellate
review. See Est. of Tipton ex rel. Tipton v. High Point Univ., 241 N.C. App. 655, 775
S.E.2d 694 (2015).
II. Analysis
Plaintiff’s sole argument on appeal is that his rights to due process were
violated when the trial court granted Defendant’s motion to dismiss. Plaintiff argues
that the trial court’s order violated due process when it “was entered without
providing Plaintiff[ ] the opportunity to present Guru.com’s records of transactions
with Defendant[ ], and the testimony of Guru’s CEO, which provided critical evidence
supporting Plaintiff[’s] claims against Defendant[ ].”
“Due process means simply a procedure which is fair.” In re Anne M. Lamm, 116
N.C. App. 382, 385, 448 S.E.2d 125, 128 (1994). Due process “does not mandate a
single, required set of procedures for all occasions; it is necessary to consider the
specific factual context and the type of proceeding involved.” State ex rel. Barker v.
Ellis, 144 N.C. App. 135, 139, 547 S.E.2d 166, 168 (2001) (citation omitted). “As to
procedure, due process means ‘notice and an opportunity to be heard and to defend
in an orderly proceeding adapted to the nature of the case before a competent and
impartial tribunal having jurisdiction of the cause.’ ” Simeon v. Hardin, 339 N.C.
358, 377, 451 S.E.2d 858, 871 (1994) (citation omitted). Arguments “concerned with
the protection of procedural due process rights” are reviewed “de novo.” Cook v. Union
Cty. Zoning Bd. Of Adjustment, 185 N.C. App. 582, 593, 649 S.E.2d 458, 47 (2007).
-4-
BRUCE V. WISER SOFTWARE
Opinion of the Court
Here, the trial court granted Defendant’s motion to dismiss for failure to state
a claim. See N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (2025). The evidentiary record
tends to show Plaintiff was afforded ample opportunity at the trial court to argue in
support of the sufficiency of his complaint. Plaintiff’s arguments are without merit
since the purported evidence in support of his complaint would have been irrelevant
to a ruling on the motion. See Blue v. Bhiro, 381 N.C. 1, 5, 871 S.E.2d 691, 694 (2022)
(citations omitted) (“A Rule 12(b)(6) motion focuses on the legal sufficiency of the
allegations in the complaint. As such, when considering a Rule 12(b)(6) motion, the
trial court is limited to reviewing the allegations made in the complaint.”). On appeal,
Plaintiff has failed to argue in what way the trial court’s ruling on the case would
have been different had his evidence been considered. In fact, Plaintiff did not make
any argument on appeal that his complaint was sufficient to overcome Defendant’s
Rule 12(b)(6) motion to dismiss. Plaintiff was not deprived of due process when the
trial court granted Defendant’s motion to dismiss.
III. Conclusion
For the foregoing reasons, we affirm the trial court’s order granting
Defendant’s motion to dismiss.
AFFIRMED.
Judges COLLINS and MURRY concur.
Report per Rule 30(e).
-5-