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Tag Archives: Failure to Prosecute

Domestic Relations – Civil Practice – Rule 41 Dismissal – Failure to Prosecute – Lesser Sanctions – Local Rules (access required)

McKoy v. McKoy The trial court dismissed defendant’s equitable distribution counterclaim under N.C. R. Civ. P. 41(b) and Rule 11 of the Wake County Family Court Rules, but the trial court failed to make findings of fact or conclusions of law indicating that it considered lesser sanctions. We vacate the trial court’s order dismissing defendant’s equitable distribution counterclaim and remand for further findings.

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Civil Practice – Failure to Prosecute – Real Property – Mortgages – Foreclosure – TRO – Lis Pendens (access required)

Dillahunt v. First Mount Vernon Industrial Loan Association. (Lawyers Weekly No. 11-16-0004, 25 pp.) (Martha A. Geer, J.) Appealed from Craven County Superior Court. (Benjamin G. Alford, J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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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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