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Civil Practice – Appeals – Insufficient Arguments (access required)

Eaton v. Campbell Although defendants “question[] the law that should have been applied to decide the issues presented herein,” defendants fail to identify what, if any, relevant law was the source of the purported “confusion and misinterpretation in the [trial court’s] rulings,” and which, if any, law should have been applied in its stead. Because defendants’ limited and unsupported arguments give us no reason to disturb the trial court’s judgment in which its conclusions of law are supported by its findings of fact which are, in turn, supported by the record evidence, we affirm.

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Real Property – Mortgages – Foreclosure – Civil Practice – Appeals – Mootness – Completed Sale (access required)

In re Foreclosure of Deed of Trust by Wilson The mortgaged property was sold to Fannie Mae subsequent to an order permitting foreclosure, and the trustee’s deed was recorded. There is no indication that the respondent-mortgagor paid a bond to stay the foreclosure sale, nor was there an upset bid during the 10-day period or any indication in the record that respondent obtained a temporary restraining order or preliminary injunction prior to the end of the 10-day upset bid period.

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Civil Practice – Appeals – Motion to Set Aside Default – Denial – Attorney’s Fees (access required)

Dodeka, L.L.C. v. Cobb Although plaintiff’s notice of appeal did not designate the trial court’s order denying plaintiff’s motion to set aside default, it was an intermediate order under G.S. § 1-278. By making an oral motion to set aside default, plaintiff preserved its exception to the order; since the order did not determine the amount of damages, it was an interlocutory entry of default; and as a result of the entry of default, plaintiff was deemed to have admitted the allegations in defendant’s counterclaims, so the order involved the merits of the case and affected the trial court’s final judgment. Under Sellers v. FMC Corp., 716 S.E.2d 661 (2011), plaintiff’s appeal from the order denying its motion to set aside default is properly before this court on appeal.

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Civil Practice – Appeals – Interlocutory – Res Judicata – Texas & Kentucky Lawsuits – Breach of Contract – Covenant Not to Compete (access required)

Heritage Operating, L.P. v. N.C. Propane Exchange, LLC Even though plaintiff has filed suit in other states against some of the same individual defendants alleging breach of the same covenant not to compete, each action involves the formation, financing, and operation of a different company that does business solely in the state in which the action was brought. Whether the parties’ non-competition agreements were breached by the formation of each company depends on the factual circumstances in each case. Similarly, whether the non-competition agreements were breached by the financing and/or operation of each company depends on the specific factual circumstances in each case.

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Workers’ Compensation – Appeals – Attorney’s Fees – G.S. § 97-90(c) – Unaddressed Issue (access required)

Hurley v. Wal-Mart Stores, Inc. After a deputy commissioner found plaintiff’s injury compensable and awarded plaintiff attorney’s fees under G.S. § 97-90(c), defendants appealed only the attorney’s fee award. However, the full Industrial Commission addressed only the compensability issue and failed to address the issue actually appealed: the attorney’s fee award.

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Criminal – Sentencing – Appeals – Guilty Plea – ‘Any Sentence’ – Waiver (access required)

U.S. v. Thornsbury A convicted felon pleading guilty to possession of ammunition, who waived his right to appeal “any sentence,” cannot seek to have his sentence on the firearm charge reduced in light of his assistance to the government in prosecuting an unrelated case, and the 4th Circuit dismisses this appeal of the district court’s denial of the government’s motion for a sentence reduction pursuant to Fed. Rule Crim. P. 35(b).

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Civil Practice – Appeals – Interlocutory – Tort/Negligence – Alienation of Affections & Criminal Conversation (access required)

Filipowski v. Oliver Defendant appeals the denial of her motion to dismiss. Although the trial court’s order is interlocutory, defendant argues only that the denial of her motion subjects her to the possibility of a lengthy and expensive trial. Avoidance of the time and expense of a trial is not a substantial right justifying immediate appellate review of an interlocutory order.

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