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Tag Archives: appeals

Civil Practice – Appeals – Interlocutory Order – Statute of Limitations – Unfair Trade Practices – Propane Tank Refills (access required)

State ex rel. Cooper v. Blue Ridge Tank Co. (Lawyers Weekly No. 10-16-0785, 9 pp.) (Sanford L. Steelman Jr., J.) Appealed from Wake County Superior Court. (Robert H. Hobgood, J.) N.C. App. Unpub. Holding: Not every propane tank the state ...

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Civil Practice – Res Judicata – Different Causes of Action – No Privity – Appeals – Interlocutory (access required)

Farlow v. Farlow. (Lawyers Weekly No. 10-16-0771, 13 pp.) (Linda Stephens, J.) Appealed from Guilford County Superior Court. (A. Moses Massey, J.) N.C. App. Unpub. Holding: Where prior litigation between one plaintiff-brother and the defendant-parents involved different lands, this litigation ...

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Municipal – Ultra Vires Action – Subdivision Ordinance – Schools & School Boards – School Funding – Developer & Builder Fees – Civil Practice – Appeals – Interlocutory – Mootness – Standing – Statute of Limitations – Constitutional – Due Process – Equal Protection (access required)

Amward Homes, Inc. v. Town of Cary. The defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools. [...]

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Workers’ Compensation – Employment Relationship – Payment by the Hour – Supervision – Credibility – Late Payment Fee – Appeals (access required)

Morales-Rodriguez v. Carolina Quality Exteriors, Inc. (Lawyers Weekly No. 10-07-0670, 8 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Holding: Where plaintiff testified that he was hired, paid by the hour and supervised by defendants, and ...

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Civil Practice – Appeals – Interlocutory – Discovery – Tort/Negligence – Defamation (access required)

Ward v. Buckeye Homeowner’s Association. (Lawyers Weekly No. 10-16-0640, 4 pp.) (Sanford L. Steelman Jr., J.) Appealed from Forsyth County Superior Court. (Richard W. Stone, J.) N.C. App. Unpub. Holding: Defendant’s failure to make an admission will not prevent plaintiff ...

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Tort/Negligence – Defamation – Civil Practice – Appeals – Interlocutory – Constitutional – First Amendment – Private Person & Matter (access required)

Mathis v. Daly. (Lawyers Weekly No. 10-07-0606, 13 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J., concurring in the result) Appealed from Haywood County Superior Court. (Nathaniel J. Poovey, J.) N.C. App. Holding: Plaintiff accuses defendant of making ...

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