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Civil Practice – Failure to Prosecute – Prejudice – Real Property – Lis Pendens (access required)

Cury v. Mitchell (Lawyers Weekly No. 012-106-16, 6 pp.) (Richard Dietz, J.) Appealed from Buncombe County Superior Court (Mark Powell, J.) N.C. App. Unpub. Holding: For five years after this court remanded for a determination of plaintiff’s constructive and resulting trust claims, the only action plaintiff took was to file a lis pendens, thereby encumbering defendant’s ...

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