North Carolina Lawyers Weekly

The trial court ruled that defendants’ third-party claims constituted third-party practice and dismissed those claims without prejudice to defendants filing them in a separate action. Plaintiff’s claims against defendants and defendants’ counterclaims against plaintiff remained pending; accordingly, the dismissal order ...

Tagged with: Civil Practice

Ordinarily, when a North Carolina resident, who is a non-party to out-of-state litigation, receives a subpoena under the North Carolina Uniform Interstate Depositions and Discovery Act, the non-party’s objections to the subpoena will be heard by the North Carolina court ...

Tagged with: Civil Practice

This case arises out of the defendant-ex-boyfriend’s receipt of assets from the intestate decedent’s estate. Although the trial court did not abuse its discretion in granting the motion for a new trial on the issue of damages filed by plaintiff, ...

Tagged with: Civil Practice

After a default judgment was entered against defendant, a writ of execution was issued. Before the judgment creditor made any attempt to satisfy the writ of execution, the trial court allowed the judgment creditor to initiate a supplemental proceeding: an ...

Tagged with: Civil Practice

On a prior appeal in this dispute over the capital account of a limited liability company, we calculated the amount due to plaintiff under a referee’s report ($85,174.50), and we remanded for further proceedings. It was within the trial court’s ...

Tagged with: Civil Practice

The defendant-tenant/restaurant and its defendant-guarantors/owners seek an interlocutory appeal of an attachment order. However, the plaintiff-landlord has posted a bond in the same amount as the attachment, thereby protecting defendants from the potential loss of use and control over the ...

Tagged with: Civil Practice

Plaintiff, in prison for the 2011 murder of her boyfriend, appeals the trial court’s dismissal of her 2021 defamation complaint arising out of defendants’ 2013 and 2014 stories about plaintiff’s criminal trial and appeal. In her pro se appeal, plaintiff ...

Tagged with: Civil Practice

Where defendants’ in-house counsel gave deposition testimony that was belied by the documentary evidence in this case, the court will sanction defendants by instructing the jury to believe the documentary evidence and, when deciding counsel’s credibility, to consider her false ...

Tagged with: Civil Practice

In this diversity case, a North Carolina citizen sued an international firm. Neither party apparently realized that, several layers of ownership deep, a North Carolina citizen held an interest in the firm. This case was later consolidated with a federal-question ...

Tagged with: Civil Practice

The defendant-Husband successfully challenged the divorce judgment granted to the plaintiff-Wife, asserting that he was never served with process. Wife contends that Husband’s and his sister’s testimonies “that the signature on the return receipt was not his” are insufficient to ...

Tagged with: Civil Practice