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Tag Archives: Civil Practice

Civil Practice – Preliminary Injunction – Prohibitory Injunction – Contract – Seed Treatment Sales (access required)

Bayer CropScience LP v. Chemtura Corp. Where the parties operated under their contract for nearly four years before defendant decided to terminate the contract on April 30, 2012, enforcement of the status quo would be the parties’ continued operation under the contract. Therefore, plaintiff seeks a prohibitory, rather than a mandatory, injunction.

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Tort/Negligence – Professional Negligence – Real Property – Appraisals – Justifiable Reliance – Civil Practice – Statute of Limitations (access required)

Cabrera v. Hensley Since plaintiffs had already contracted to buy the lots at issue before the defendant-appraisers appraised the lots, plaintiffs could not have relied on the appraisals in obligating themselves to buy the lots.

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Civil Practice – Involuntary Commitment – Danger to Self or Others – Insufficient Findings – Conspiracy Theories (access required)

In re Richardson The trial court found that respondent (1) was hospitalized twice in the preceding year; (2) was diagnosed with chronic schizophrenia and delusional disorder; (3) was taking the anti-psychotic drug Respirdal; (4) believes that the government is trying to control him, keeps to himself, and eats only pre-packaged foods; and (5) feels his parents are on the side of the government, despite their support. These findings do not indicate that respondent is a danger to himself or others.

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Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

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Civil Practice – Motion for Relief – Summary Judgment Motion & Hearing – Notice – New Address – Meritorious Defense – Unauthorized Use of Account (access required)

Southland Distributors of North Carolina, LLC v. Hamilton Although it appears the trial court found that plaintiff’s counsel received a letter from defendant setting out defendant’s new address, the court made no finding regarding whether counsel received the letter prior to mailing plaintiff’s motion for summary judgment and notice of hearing to defendant at his old address.

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Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

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Civil Practice – Motion to Continue – Retain Counsel – Sufficient Time – Real Property – Mortgages – Foreclosure (access required)

In re Foreclosure of the Deed of Trust of Johnson In this foreclosure action, respondent had seven weeks after he filed a pro se appeal, and five weeks after he received notice of the hearing of his appeal, to hire a lawyer. At the hearing, respondent claimed to have hired an attorney who was prevented from appearing by a death in the family, but respondent admitted that he had not paid the attorney to represent him. The trial court did not abuse its discretion when it denied respondent’s motion to continue.

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Civil Practice – New Trial Motion – Recused Judge – Insufficient Showing – Domestic Relations – Equitable Distribution (access required)

Sisk v. Sisk A trial judge entered an equitable distribution order and then, after plaintiff moved for a new trial, recused himself. Once the trial judge recused himself, the new trial motion could not be heard by another trial judge; instead, this court must decide the motion.

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Corporate – Sister Subsidiaries – Agency – Tort/Negligence – Defamation — Civil Practice — Personal Jurisdiction (access required)

Lianyungang FirstDart Tackle Co. v. DSM Dyneema B.V. Although plaintiff alleges that a Dutch corporation and its sister N.C. limited liability company operate a “single, unified website” and hold themselves out to the public as a single entity, the N.C. LLC is not liable for the alleged defamatory statement in a press release issued by the Dutch corporation.

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