Even though the bankruptcy court found several factors indicating bad faith on the part of the debtors, the bankruptcy court did not have the benefit of the recent Fourth Circuit decision, Janvey v. Romero, 883 F.3d 406 (4th Cir. 2018), ...

Tagged with: Dismissal

RALEIGH (AP) North Carolina judges have vacated a second-degree murder conviction after finding that prosecutors violated double-jeopardy principles when they tried the defendant a second time. The state Court of Appeals ruling May 15 throws out the guilty verdict against James ...

Tagged with: Dismissal Double Jeopardy mistrial N.C. Court of Appeals

Brunner v. The Lodge on Lake Lure, LLC (Lawyers Weekly No. 020-079-16, 9 pp.) (Louis Bledsoe III, J.) 2016 NCBC 84 Holding: Despite communicating with defendant’s receiver as recently as April 2016, plaintiff has not participated in this litigation for ...

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Poor lawyering does not gross negligence make. Not always, anyway.

Tagged with: Dismissal Gross Negligence N.C.Court of Appeals

Nine Monroe police officers are being suspended without pay for criminal cases that were dismissed because of incomplete investigations.

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The Union County District Attorney's office has dismissed cases involving 39 defendants because Monroe police failed to complete the paperwork necessary for prosecution.

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Yeager v. Yeager The stated object of this action is to obtain a declaratory judgment that two deeds of trust are “invalid and void” and that they do not encumber the two tracts at issue. This goal was already accomplished by the cancellation of the deeds of trust in the parties’ equitable distribution action. We affirm the trial court’s dismissal of this action as moot.

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Johnson v. Opsitnick The trial court found at the summary judgment stage that the parties’ prior settlement agreement did not relieve defendants of the obligation of paying a $40,777.63 promissory note. Defendants’ appeal of this ruling was rendered moot when the jury found that defendants took advantage of a position of trust and confidence to induce plaintiff to enter into the settlement agreement so as to void that agreement. Since the settlement agreement is void, the issue of whether it relieved defendants of the obligation of paying the promissory note is now moot.

Tagged with: appeals Civil Practice Dismissal jury verdict

Trevarthen v. Treadwell Given the absence of a clear argument in appellant’s brief, as well as her attempts to both include evidence not presented to the trial court and to exclude material necessary for this court’s review, appellant’s violations of the N.C. Rules of Appellate Procedure are so substantial as to require dismissal.

Tagged with: appeals Civil Practice Dismissal

State v. Joe After the trial court granted defendant’s motions to dismiss the charge of resisting a public officer and to suppress evidence seized in his post-arrest search, the state announced to the trial court that it “would be unable to proceed with the case in chief” on the remaining charges of cocaine possession and attainment of habitual felon status. We do not agree with our Court of Appeals that the prosecutor’s statements amounted to a dismissal in open court; furthermore, the trial court had no authority to enter an order dismissing the remaining charges on its own motion.

Tagged with: Criminal Practice Dismissal Motion to Suppress search & seizure