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Tag Archives: Dismissal

Civil Practice – Appeals – Dismissal – Motion to Reconsider – ‘New’ Evidence (access required)

Charnoff v. Calder At the hearing on defendants’ motion to dismiss plaintiff’s appeal, plaintiff presented evidence that her failure to timely settle the record on appeal was due to her extensive hospitalizations. At the hearing on plaintiff’s motion for reconsideration of the dismissal of her appeal, plaintiff merely presented more detailed evidence of her hospitalizations. This was not new evidence.

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Labor & Employment – Public Employees – Dismissal – Insubordination — Unacceptable Personal Conduct – Hanging Up on Supervisors (access required)

West v. North Carolina Department of Transportation Where petitioner hung up on her supervisors (during three phone calls) while they were attempting to instruct her regarding her job, petitioner was insubordinate within the meaning of 25 N.C.A.C. 1J.0614(h). Furthermore, hanging up three times on supervisors qualifies as “detrimental to state service” as, without speaking to petitioner, her supervisors could not ensure that her job was being performed. 25 N.C.A.C. 1J.0614(i)(5).

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Civil Practice – Attorneys – Criminal Contempt – Sanction – Dismissal – Disciplinary Order – Co-Counsel Required (access required)

Ray v. Greer Plaintiffs knew their attorney was required by a disciplinary order to practice only with co-counsel. After plaintiffs' attorney and her original co-counsel reached an impasse over a difference in trial strategy, plaintiffs chose to remain represented by their attorney, and they stayed with her even when she failed to comply with a court order to obtain substitute co-counsel by the date required. We affirm the trial court's dismissal of plaintiffs' complaint as a sanction for their attorney's failure to obtain co-counsel.

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Civil Practice – Rule 41(b) Dismissal – Failure to Prosecute – Prisoner – Attorneys – Legal Malpractice Claim (access required)

Cohen v. McLawhorn. (Lawyers Weekly No. 10-07-1214, 21 pp.) (Martha A. Geer, J.) Appealed from Pitt County Superior Court. (William C. Griffin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though plaintiff was ...

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Civil Practice – Interlocutory Appeal – Substantial Right – Contract – Lis Pendens – Constructive Trust – Dismissal (access required)

Superior Construction Corp. v. Intracoastal Living, LLC. (Lawyers Weekly No. 10-16-1067, 9 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court (John R. Jolly Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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Civil Practice – Two-Dismissal Rule – G.S. § 1A-1, Rule 41 (a)(1) – Personal Jurisdiction – Rule 12(b)(1) (access required)

Boggs v. Davis. The trial court erred by granting the defendant's motion to dismiss under G.S. § 1A-1, Rule 12(b)(1) pursuant to the "two-dismissal rule" in G.S. § 1A-1, Rule 41(a)(1) where the plaintiff filed only one voluntary dismissal, and the second dismissal had been entered by the trial court.

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Criminal Practice – DWI – Dismissal – State’s Appeal – Motion to Suppress – Double Jeopardy (access required)

State v. Bowens. (Lawyers Weekly No. 10-16-0906, 6 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (James Gregory Bell, J.) N.C. App. Unpub. Holding: Where defendant moved to dismiss the DWI charge against her, the only evidence heard ...

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