Turner v. Ayers (Lawyers Weekly No. 14-16-0703, 7 pp.) (Ann Marie Calabria, J.) Appealed from Wake County District Court (Debra Sasser, J.) N.C. App. Unpub. Holding: When the defendant-sellers were unable to complete required repairs to their house before the ...Read More »
Timber Integrated Investments, LLC v. Welch (Lawyers Weekly No. 14-16-0691, 19 pp.) (Martha Geer, J.) Appealed from Haywood County Superior Court (J. Thomas Davis, J.) N.C. App. Unpub. Holding: Even though plaintiffs never signed the settlement contract, since defendants accepted ...Read More »
Bottoms v. Strum (Lawyers Weekly No. 14-16-0677, 12 pp.) (Chris Dillon, J.) Appealed from Nash County District Court (John Covolo, J.) N.C. App. Unpub. Holding: Although plaintiff testified that there was no meeting of the minds to permanently exchange her ...Read More »
Contract – Breach of Contract – Implied Covenant of Good Faith & Fair Dealing – Procuring Cause – Quantum Meruit – Unfair or Deceptive Trade Practices
Gunn v. Laboratory Corp. of America (Lawyers Weekly No. 14-15-0649, 15 pp.) (James Gale, J.) 2014 NCBC 29 Holding: Even though the plaintiff-broker was not the procuring cause of defendant’s new lease, the broker may still be able to recover ...Read More »
Contract – Trusts & Estates – Division of Estate – Lack of Consideration – Power of Attorney – Statute of Frauds
Lewis v. Lester (Lawyers Weekly No. 14-07-0658, 8 pp.) (Sanford Steelman Jr., J.) Appealed from Guilford County Superior Court (Richard Doughton, J.) N.C. App. Holding: When two nephews agreed – without knowing the contents of their uncle’s will – to ...Read More »
Contract – Breach of Fiduciary Duty – Fraud – Unfair & Deceptive Trade Practices – Unjust Enrichment
Seraph Garrison, LLC v. Garrison (Lawyers Weekly No. 14-15-0648, 18 pp.) (Calvin Murphy, J.) 2014 NCBC 28 Holding: Even though the defendant, CEO of Garrison Enterprises, Inc., breached his fiduciary duty to Garrison Enterprises, Inc. by misrepresenting material terms in ...Read More »
County of Catawba v. Frye Regional Medical Center, Inc. (Lawyers Weekly No. 14-15-0647, 16 pp.) (Calvin Murphy, J.) 2014 NCBC 27 Holding: When plaintiff and defendant Frye Medical Center settled their initial round of contested administrative cases, they reserved the ...
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SRS Arlington Offices 1, LLC v. Arlington Condominium Owners Association, Inc. (Lawyers Weekly No. 14-07-0620, 17 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (F. Lane Williamson, J.) N.C. App. Holding: Where (1) a developer’s holding company sold ...
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Geoscience Group, Inc. v. Waters Construction Co. (Lawyers Weekly No. 14-07-0610, 19 pp.) (Sanford Steelman Jr., J.) Appealed from Mecklenburg County Superior Court (Lindsay Davis Jr., J.) N.C. App. Holding: Defendant objected to evidence regarding the parties’ abandonment of their ...
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