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Civil Practice – Related Lawsuits – Counterclaim – Joinder

Chesson v. Rives (Lawyers Weekly No. 020-003-18, 10 pp.) (James Gale, CJ) 2017 NCBC 111

Holding: Even if Rives’ newly filed action for an accounting of a holding company that was related to the parties’ former partnership were a compulsory counterclaim in Chesson’s previously filed (and still pending) action – which requested an accounting of the partnership and all related entities – the court would take the practical action of joining the actions rather than dismissing Rives’ claims.

The court denies Chesson’s motion to dismiss and grants Rives’ motion to consolidate this case with Chesson’s previously filed action.


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