Free Newsletter
Civil Practice — Judgments – Supplemental Proceedings – Subject Matter Jurisdiction – Execution
North Carolina Lawyers Weekly Staff//October 7, 2021//
Civil Practice — Judgments – Supplemental Proceedings – Subject Matter Jurisdiction – Execution
North Carolina Lawyers Weekly Staff//October 7, 2021//
After obtaining a judgment against defendant, plaintiff initiated supplemental proceedings, seeking discovery from defendant. Where there is no indication in the record that plaintiff sought issuance of a writ of execution or that any such writ was returned unsatisfied, supplemental proceedings under G.S. Chapter 1, Article 31 were not available to plaintiff. There trial court lacked statutory authority over these supplemental proceedings and, as such, lacked subject matter jurisdiction to grant any relief under Article 31.
The trial court erred in entering its order compelling defendant to respond to discovery issued pursuant to G.S. §§ 1-351.1 and 1-351.2 and imposing sanctions on defendant for opposing discovery in supplemental proceedings. Vacated.
Milone & MacBrook, Inc. v. Corkum (Lawyers Weekly No. 011-198-21, 11 pp.) (Toy Hampson, J.) Appealed from Wake County District Court (Michael Denning, J.) Byron Saintsing and Thomas Gray for plaintiff; Donald Hunt and Kristen Atkins Lee for defendants. 2021-NCCOA-526
Top Legal News
- US appeals court weighs Pentagon bid to punish Senator Mark Kelly
- Comey asks judge to cancel North Carolina hearing in Trump threat case
- Damages class may proceed over prison contractor’s opioid treatment policy
- Cyberstalking charges dropped against NC influencer
- US Supreme Court declines to pause order holding Apple in contempt in Epic Games lawsuit
- First Step Act credits require fresh review after end of Chevron
- AI errors in murder case lead to discipline for Georgia prosecutor
- Inventory searches support inevitable discovery of evidence
- Dog attack leaves woman catastrophically injured
- US Supreme Court lets Voting Rights Act ruling take effect ahead of schedule
- Ordinance requires compliance with all conservation subdivision purposes
Commentary
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- New life for the noncompete
- 2026: The year of tech, both heroes and villains
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- How do parent corporations deal with Workers’ Compensation?
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
