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Tag Archives: declaratory judgment action

Real Property – Condo Assessments – Civil Practice – Declaratory Judgment Action – Collateral Estoppel – Implied Contract (access required)

Johnson v. Starboard Association, Inc. (Lawyers Weekly No. 011-010-16, 21 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: Since the Declaratory Judgment Act allows “any interested person” to obtain a declaration of ...

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Attorneys – Unauthorized Practice of Law – Civil Practice – Declaratory Judgment Action – Prepaid Legal Services Plan – Registration (access required)

LegalZoom.com, Inc. v. North Carolina State Bar One of plaintiff’s claims seeks a declaration as to what statutory powers the State Bar has when there has been no final court determination with regard to an alleged unauthorized practice of law. The complaint adequately states a claim for a declaratory judgment as to the scope of the State Bar’s powers. The State Bar’s motion to dismiss is denied as to this claim.

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Domestic Relations – Parent & Child – Child Support – Civil Practice – Declaratory Judgment Action – Pennsylvania Separation Agreement — Standing (access required)

Preis v. Yoas Where a Pennsylvania court had already determined that the child support provision of the parties’ separation agreement was too vague to enforce, and where the defendant-mother was only attempting to enforce another Pennsylvania court’s subsequent child support order, the plaintiff-father failed to show that litigation over the separation agreement was imminent. We affirm the trial court’s dismissal of plaintiff’s declaratory judgment action for failure to state a claim upon which relief could be granted.

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Civil Practice – Subject Matter Jurisdiction – Declaratory Judgment Action – Administrative – Antitrust (access required)

North Carolina State Board of Dental Examiners v. Federal Trade Commission This court lacks jurisdiction to enjoin an ongoing administrative action. The issues that plaintiff attempts to raise before this court must be decided by the Fourth Circuit on appeal from a final agency action, if the administrative action goes against plaintiff.

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