American Oil Co. v. AAN Real Estate, LLC (Lawyers Weekly No. 14-07-0187, 8 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Eric Levinson, J.) N.C. App. http://appellate.nccourts.org/opinions/?c=2&pdf=31198 Holding: Although plaintiff has a name similar to that of defendant’s ...Read More »
Civil Practice – Contract – Guaranties – Statute of Limitations – Claim Preclusion – Bankruptcy Court Order
Barrow v. D.A.N. Joint Venture Properties of North Carolina, LLC (Lawyers Weekly No. 14-07-0188, 17 pp.) (John Martin, Ch.J.) Appealed from Greene County Superior Court (Paul Jones, J.) N.C. App. Holding: The guarantors of a debtor’s promissory notes could have ...
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Civil Practice – Judgments – Credit – Tort/Negligence – Auto Accident – Contract – Insurance Payments – Workers’ Compensation
Wood v. Nunnery (Lawyers Weekly No. 14-16-0178, 8 pp.) (Linda McGee, J.) Appealed from Forsyth County Superior Court (Edwin G. Wilson Jr., J.) N.C. App. Unpub. Holding: In a prior appeal, this court held that the defendant-tortfeasor was not entitled ...Read More »
Civil Practice – Evidence Proffer – Inadmissibility – Facebook Messages – Witness Delay – Domestic Relations – Parent & Child – Custody
Dewitt v. Dewitt (Lawyers Weekly No. 14-16-0169, 12 pp.) (Robert N. Hunter Jr., J.) Appealed from Transylvania County District Court (Mack Brittain, J.) N.C. App. Unpub. Holding: Since the evidence was clearly inadmissible, the trial court did not err in ...Read More »
Blanchard v. Britthaven, Inc. (Lawyers Weekly No. 14-16-0166, 30 pp.) (Martha Geer, J.) Appealed from Orange County Superior Court (Shannon R. Joseph, J.) N.C. App. Unpub. Holding: Even though defendants appealed an interlocutory order compelling the production of documents, this ...
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Civil Practice – Juvenile – Inpatient Commitment – Psychiatric Expert – Motion for Funds – Discretionary Denial
In re A.N.B. (Lawyers Weekly No. 14-07-0151, 20 pp.) (Linda McGee, J.) Appealed from Moore County District Court (Don W. Creed Jr., J.) N.C. App. Holding: After the respondent-juvenile was voluntarily committed to a private institution, he moved for funds ...Read More »
LexisNexis Risk Data Management Inc. v. North Carolina Administrative Office of the Courts (Lawyers Weekly No. 14-07-0153, 15 pp.) (Linda Stephens, J.) Appealed from Wake County Superior Court (James E. Hardin Jr., J.) N.C. App. Holding: The Automatic Criminal/Infraction System ...Read More »
Civil Practice – Intervention Motion – Elections – Civil Rights – Voter Information Verification Act
United States v. State of North Carolina (Lawyers Weekly No. 14-03-0145, 12 pp.) (Thomas D. Schroeder, J.) 1:13-cv-00861; M.D.N.C. Holding: Judicial Watch, Inc. and Christina Kelley Gallegos-Merrill (proposed intervenors) have failed to show that their interests will not be adequately ...Read More »
Louisiana-Pacific Corp. v. Akzo Nobel Coatings, Inc. (Lawyers Weekly No. 14-03-0144, 13 pp.) (Joe L. Webster, USMJ) 1:12-cv-00625; M.D.N.C. Holding: It would be more convenient to try this case – between Canadian companies involving a Canadian product and Canadian law ...Read More »