In re Richardson There was sufficient evidence that respondent was a danger to others: he confronted a neighbor and threatened to kill her, he had a habit of confronting strangers he believed to be provoking him, and he refused to take medication for his delusional disorder, thereby creating a reasonable probability that his conduct would be repeated.
Federated Financial Corp. of America v. Jenkins Plaintiff obtained a money judgment against defendant, and defendant appealed. Where defendant did not execute a written undertaken as contemplated by G.S. § 1-289(a), his appeal did not stay the judgment, execution, supplemental proceedings, or a hearing conducted incident thereto. Therefore, the trial court did not err in conducting a hearing in this matter while defendant’s first appeal was pending in this court.
Charnoff v. Calder At the hearing on defendants’ motion to dismiss plaintiff’s appeal, plaintiff presented evidence that her failure to timely settle the record on appeal was due to her extensive hospitalizations. At the hearing on plaintiff’s motion for reconsideration of the dismissal of her appeal, plaintiff merely presented more detailed evidence of her hospitalizations. This was not new evidence.
Caliber Builders, LLC v. Waste Water Systems of North Carolina, Inc. The plaintiff-contractor presented evidence that it paid the defendant-supplier $42,750.25 but that the supplier never even ordered the supplies; nevertheless, the jury awarded the contractor only $19,289.45 in damages. Where the trial court found the jury’s verdict to be against the greater weight of the evidence, the court should have granted a new trial on the issue of damages rather than amending the judgment to increase the amount of damages. Poor v. Hill, 138 N.C. App. 19, 530 S.E.2d 838 (2000).
Dominion Radio Supply, Inc. v. Colclough Even though defendant was not convicted of embezzling from plaintiff, the statute of limitations on plaintiff’s civil claim was tolled while — pursuant to an order to defer prosecution for the embezzlement charge — defendant was placed on probation and ordered to pay restitution to plaintiff as a condition of probation.
Steag Energy Services GmbH v. Ebinger Plaintiff’s addition of a slander of title claim and some new evidence is not enough to allow the court to reconsider a prior decision of the N.C. Court of Appeals, which held that N.C. courts lack personal jurisdiction over the German defendants.
Defendants’ motion to dismiss is granted.
Taylor-Butler v. Food Lion, Inc. It is irrelevant that the proper defendant had notice of plaintiff’s action and would not be prejudiced by allowing her to amend her complaint to name the correct corporation as a defendant. N.C. R. Civ. P. 15(c) does not allow relation-back when a complaint is amended to add a party, and the statute of limitations had already run when plaintiff moved to amend her complaint.
We affirm the trial court’s order granting defendant’s motion to dismiss.
In re Cafolla The district court judge warned contemnor that, if he testified falsely, he would be held in contempt. Contemnor testified both that he could not remember the day his sister was the victim of domestic violence and that he did not observe any injuries on his sister on the date of the incident. Contemnor’s rights were not violated when the district court judge gave him an opportunity to respond to the charge of contempt and contemnor admitted that he had actually seen his sister’s injuries on the date of the assault.
Manone v. Coffee When a party receives actual notice of the entry and content of a judgment, as was done in this case by obtaining the custody order directly from the courthouse, the service requirements of N.C. R. App. P. 3(c) are not applicable.
St. John v. Brantley Even though plaintiff’s name did not appear on the first warrant for defendant Tammy Brantley’s arrest, plaintiff told Tammy’s sister, defendant Vicky Brantley, on Oct. 11, 2010 that she had called the police and made a written report about Tammy’s assault on Vicky.
