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Tag Archives: appeals

Civil Practice – Appeals – Interlocutory – Contract – Limitation of Damages – Home Inspection (access required)

Rioux v. Accurate Home Inspection, Inc. An order limiting plaintiff’s claim to the damages amount set out in the parties’ contract — $330 – is not the same as a final order. Despite the trial court’s certification for immediate appeal, the trial court has yet to decide the issues of whether defendants breached the contract or were negligent. Therefore, the trial court’s order granting partial judgment on the pleadings is interlocutory and is not immediately appealable.

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Civil Practice – Appeals – Interlocutory – Separate Guarantors – Issues of Fact (access required)

High Point Bank & Trust Co. v. Hoffman Builders, Inc. One of the two defendant-guarantors, Karen Hoffman, presented evidence that she simply signed what defendants' lawyer told her to sign, that she had never spoken to anyone from the plaintiff-bank, and that she did not receive a benefit from signing the guaranty. No such evidence was presented as to the other defendant-guarantor or the defendant-borrower. Therefore, the factual issues surrounding the bank's claims against Karen Hoffman are not the same as the factual issues surrounding the bank's claims against the remaining defendants.

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Workers’ Compensation – Written Notice – Untimely – No Prejudice – Actual Knowledge – Investigation & Treatment – Appeals – Interlocutory (access required)

Gregory v. W.A. Brown & Sons Even though plaintiff's written notice of her compensable injury was not timely, since the defendant-employer had actual notice of the injury, had an opportunity to investigate, and helped plaintiff get prompt medical attention, defendants were not prejudiced by the untimeliness of the written notice. We affirm the Industrial Commission's award of benefits.

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Workers’ Compensation – Attorney’s Fees – Civil Practice – Appeals – Senior Resident Superior Court Judge (access required)

Waddell v. Goodyear Tire & Rubber Co. The Industrial Commission found that a plaintiff's former attorney's fee was reasonable, that the attorney was entitled to compensation for 193 weeks, and that the attorney was not entitled to additional compensation after that time period. The logical implication is that any additional compensation to the attorney after that period was unreasonable.

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Civil Practice – Appeals – Voluntary Dismissal – Denial of Motion to Dismiss – Sanctions (access required)

Housing Authority v. Sparks Engineering, PLLC Plaintiff voluntarily dismissed its action against defendant, so this court cannot review the trial court's denial of defendant's motions to dismiss and to designate as a complex business case. Appeal dismissed. We deny defendant's petition for a writ of certiorari.

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Workers’ Compensation – Civil Practice – Appeals – Interlocutory – Reserved Issue (access required)

Allison v. Wal-Mart Stores The Industrial Commission's decision expressly reserved "for future determination" the issue of the "extent of [plaintiff's] continuing disability, if any, after July 27, 2009." The decision contemplated further proceedings and was therefore interlocutory. Appeal from the Industrial Commission lies only from a final order. Appeal dismissed.

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Tort/Negligence – Defamation – Civil Practice – Appeals – Law of the Case – Political Ad (access required)

Boyce & Isley, PLLC v. Cooper Plaintiffs forecast evidence that defendants knew that neither plaintiff Dan Boyce nor his law firm was involved in a 1995 case in which counsel asked for high fees. Even though defendants forecast evidence to the contrary, defendants were not entitled to summary judgment on plaintiffs' defamation claim...

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