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Henderson Co. prosecutor removed for ‘willful misconduct’
HENDERSONVILLE (AP) — A western North Carolina district attorney is being removed from his elected office after a judge issued an order finding the prosecutor engaged in “willful misconduct.” The removal of Greg Newman, the top prosecutor for Henderson, Polk and Transylvania counties, is only the third of its kind in state history, the Asheville […]
Man loses poison-snake collection
HENDERSONVILLE (AP) — A Henderson County man is losing his exotic reptile collection worth nearly $50,000 after law officers found dozens of venomous lizards and snakes stashed in a western North Carolina mobile home. Fifty-one-year-old Walter Kidd of Hendersonville pleaded guilty Friday to 30 misdemeanor charges of possessing endangered animals and failing to properly label […]
Tort/Negligence – Fraud – Negligent Misrepresentation – Unfair Trade Practices – Real Property – Purchase
Mauro v. Mooney. Even though the plaintiff-buyers contend the defendant-seller committed fraud and negligent misrepresentation as to the age of the house, renovations, structural deficiencies . . .
Contract – Driveway Construction – Relocation – Novation – Unlicensed Contractor
Wellikoff v. Progress Development Corp. (Lawyers Weekly No. 11-07-0350, 11 pp.) (Douglas McCullough, J.) Appealed from Henderson County Superior Court. (Dennis J. Winner, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the parties’ contract said it could only be amended in writing, there was a novation of the […]
Administrative – Real Estate Commission – Broker’s License – Criminal Convictions – Substantial Evidence
Boyles v. N.C. Real Estate Commission. (Lawyers Weekly No. 11-16-0179, 16 pp.) (Sam Ervin IV, J.) Appealed from Henderson County Superior Court. (Laura J. Bridges, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did not err by upholding the Real Estate Commission’s denial of an applicant’s […]
$2.5 million verdict in Henderson County head-on collision
A Henderson County jury returned a $2.5 million verdict against a Buncombe County man who seriously injured a 65-year-old woman from Buncombe County in a head-on automobile collision. Verdict Report Type of action: Motor vehicle accident Injuries alleged: Fractured skull, fractured shoulder, fractured hip and other injuries Case name: Elizabeth Robertson v. Robert […]
Criminal Practice – Sexual Battery – Sequestering of Witnesses – Juror Misconduct
State v. Patino. (Lawyers Weekly No. 10-07-0960, 12 pp.) (Wanda Bryant, J.) Appealed from Henderson County Superior Court (Zoro J. Guice, J.) N.C. App. Click here for the full text of the opinion. Holding: When defense counsel fails to give specific reasons to suspect state’s witnesses would tailor their testimony if not sequestered, the trial […]
Domestic Relations – Order of Protection – Appellate Rules – Pro Se Litigant
Sander v. Sander. (Lawyers Weekly No. 10-16-0901, 9 pp.) (Per curiam) Appealed from Henderson County District Court. (Peter Knight, J.) N.C. App. Unpub. Holding: When an appeal does not contain a verbatim transcript or a narrative form that provides the necessary context or does not include authoritative citations applicable to the arguments, the appeal will […]
Domestic Relations – Child Custody – Visitation – Grandmother’s Fitness – Changed Circumstances
Slawek v. Slawek. Over eight years, the intervenor-maternal grandmother has attempted to gain custody of the minor children, leaving the children anxious and insecure. The grandmother's worsening relationship with the children's father, her hiring of a private detective to investigate the father, and her attempts to indoctrinate the children into her religion and to pull them away from th[...]
Mediated settlement reached in medmal case
The plaintiff was admitted to Pardee Memorial Hospital in Hendersonville with a presumptive diagnosis of perforated viscus, possibly diverticulitis. The plaintiff’s condition worsened. Surgery was not performed until 12 days after admission, at which time an inflammatory mass was discovered in his pelvis. The defendant doctor removed his appendix. The pathology report, dated three days [&hel[...]
Plaintiffs claimed townhomes had defects
This case arose out of the development of a townhome neighborhood in Carriage Park in Henderson County. The developer, Carriage Park Associates, LLC, created a restricted townhome community and provided plans for construction, the lots, a designated builder (Estate Homes of North Carolina, Inc.) and a base price for construction of the unit. The plans […]
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Commentary
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