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Tag Archives: carteret county

Real Property – Tort/Negligence – Agency – Fiduciary Duties – Fraud – Misrepresentation – Unfair & Deceptive Trade Practices – Material Fact – Failure to Disclose (access required)

Sutton v. Driver. (Lawyers Weekly No. 11-07-0418, 26 pp.) (Martha A. Geer, J.) Appealed from Carteret County Superior Court (Russell Lanier Jr., & John E. Nobles Jr., JJ.). N.C. App. Click here for the full text of the opinion. Holding: ...

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Domestic Relations – Civil Practice – Appeals – Interlocutory Order – Rule 54(b) Certification – Separation Agreement (access required)

Johnson v. Johnson. (Lawyers Weekly No. 10-07-1092, 15 pp.) (Linda Stephens, J.) (Barbara Jackson, J., concurring) Appealed from Carteret County District Court. (Peter Mack, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court’s ...

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Domestic Relations – Child Support – Arrearages – UIFSA – Full Faith & Credit (access required)

State o/b/o Benford v. Bryant. The trial court did not have the legal authority to reduce the amount of arrearage that accrued under a Michigan child support judgment under the Uniform Interstate Family Support Act. The court must give full faith and credit to support payments accrued and vested under the Mich. judgment.

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Real Property – Riparian Rights – Man-Made Harbor – Easements – County – Public Access (access required)

Newcomb v. County of Carteret. Despite the fact that Marshallberg Harbor is man-made, since the harbor is navigable, the owners of the land along the harbor have riparian rights. However, those lands are subject to an easement granted to the defendant-county when the harbor was created. We affirm the trial court's summary judgment rulings as to riparian rights and the county's easement. We dismiss the plaintiffs' appeal of the trial court's decision as to the prescriptive easement issue.

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