North Carolina Lawyers Weekly

Plaintiff’s notice of appeal in the record has not been file-stamped. This is a jurisdictional defect because this court cannot determine if the notice of appeal was timely filed. Appeal dismissed. In addition, judgment was entered on 7 December 2018, ...

Even though the parties may have entered into their contract outside North Carolina, since (1) plaintiff shipped the Oregon defendant’s hemp seeds to North Carolina and planted the seeds and harvested their produce in North Carolina and (2) the contract ...

Where the appellant-defendant’s verified answer denied both accepting business loans from plaintiff and a failure to pay any indebtedness in full, appellant’s apparently inadvertent failure to deny paragraph 17 of the complaint – alleging that defendants repaid certain sums to ...

Even though G.S. § 7A-27(b)(3) says that an “appeal lies of right directly to the Court of Appeals … from any interlocutory order or judgment of a superior court or district court in a civil action or proceeding that … ...

Defendants’ notice of appeal fails to indicate whether it was properly filed with the Orange County Clerk of Superior Court, preventing us from determining if this court’s jurisdiction has been properly invoked. Appeal dismissed. The record also lacks the entry ...

Where the third-party plaintiff presented affidavits averring that the third-party defendants were knowingly, actively involved in the management and control of a North Carolina company, to the point that several of them personally and regularly attended meetings held in North ...

Although the discovery scheduling order in this case might have been construed differently, the trial court did not abuse its discretion when it read the order’s timeline so as to make plaintiff’s request to depose defendants’ experts untimely. We affirm ...

The plaintiff-developer seeks refunds of the defendant-county’s water and sewer capacity fees, which were collected before the county established a water and sewer district. Although the county has now established a water and sewer district, and although the county commissioners ...

Plaintiff’s affidavit of service shows that process was addressed to an attorney, not defendants, and no evidence in the record indicates that the attorney was authorized to accept service of process on defendants’ behalf. Thus, the district court correctly concluded ...

  Even though neither plaintiff nor the defendant-workers’ compensation insurance carrier realized that plaintiff’s medical care providers had started billing Medicare and stopped billing defendant for reimbursement, since defendant made no payments for plaintiff’s treatment after October 2013, plaintiff is ...