North Carolina Lawyers Weekly

Plaintiff’s notice of appeal does not specifically refer to a filed order; it refers to an oral order made on July 11, 2022, by Judge Steve Warren. A generous reading of plaintiff’s notice of appeal gives us jurisdiction over only ...

Tagged with: Civil Practice

Defendant placed a fence along the property line between his and plaintiff’s lots, preventing plaintiff from continuing to use part of a circular driveway that plaintiff has used since 1996. In a preliminary injunction, the trial court ordered defendant to ...

Tagged with: Civil Practice

Plaintiff’s premises liability claims against defendants arise out of injuries he suffered when a vehicle driven by Michel Alonzo Contador struck plaintiff and several other people in defendants’ parking lot. If plaintiff received a judgment in his favor, defendants could ...

Tagged with: Civil Practice

In its civil no-contact order, the trial court failed to make any finding that defendant specifically intended to cause any of the harms listed under G.S. § 50C-1(6). Regardless of whether there was sufficient evidence to support the trial court’s ...

Tagged with: Civil Practice

Two of the plaintiff-employer’s employees died because of a fire at work, and North Carolina’s Occupational Safety and Health Hazard Association (NC OSHA) assessed several penalties against plaintiff. Plaintiff alleges that defendants – officials with authority over NC OSHA – ...

Tagged with: Civil Practice

Where the trial court entered its equitable distribution order on Friday, 4 February 2022 and where, on Wednesday, 9 February 2022, plaintiff served defendant with a copy of the order by first-class mail, plaintiff served defendant within three business days. ...

Tagged with: Civil Practice

The plaintiff-bank sued multiple defendants, seeking to restore a fraudulently extinguished deed of trust, and the defendant-innocent purchasers of the mortgaged property appeal summary judgment entered against them. However, although the bank obtained a default judgment as to its claim ...

Tagged with: Civil Practice

Defendant presented (1) evidence that, three years before plaintiffs attempted to serve him with process via certified mail, he had sold and vacated the home to which process was delivered and (2) his sworn affidavit that he did not receive ...

Tagged with: Civil Practice

Plaintiffs, minority members of a limited liability company, allege that the defendant-managing member has taken excess distributions from the LLC while withholding distributions due to plaintiffs. Discovery remains pending, information from plaintiffs’ expert was conveyed by way of an unsworn ...

Tagged with: Civil Practice

Before revoking the conditional release of an inmate who had been committed due to mental illness, a court must establish a reasoned and logical linkage between the individual’s failure to comply with the conditions of his discharge on the one ...

Tagged with: Civil Practice