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Tag Archives: interlocutory

Civil Practice – Appeals – Interlocutory – Attorney’s Fees – Dollar Figure Not Set (access required)

Triad Women's Center, P.A. v. Rogers. A defendant's appeal of an attorney's fee award was interlocutory where the appeal came after the trial court awarded the fees but before it set an actual dollar amount. Because the law in this area has been unclear, the court takes this opportunity to specifically hold that an appeal from an award of attorney's fees may not be brought until the trial court has finally determined the amount to be awarded.

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Torts/Negligence – Civil Practice – Notice Pleading – Negligent Entrustment – Interlocutory Appeal (access required)

Haynie v. Cobb. (Lawyers Weekly No. 10-07-0862, 9 pp.) (Donna S. Stroud, J.) Appealed from Forsyth County Superior Court (Ronald Spivey, J.) N.C. App. Holding: When a plaintiff alleges the elements of a claim in a complaint that is later ...

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Tort/Negligence – Negligent Accounting – Choice of Law – Lex Loci – Bail-Fronting Contract – First Impression – Civil Practice – Appeals – Interlocutory Order (access required)

Harco National Insurance Co. v. Grant Thornton LLP. Even though the underlying audit was performed in Pennsylvania, and even though plaintiff's headquarters are in Illinois, since plaintiff's first injury was a seizure of its assets in North Carolina, North Carolina was the place of injury. N.C. law applies in this negligent-accounting case. We reverse the Business Court's adoption of an "audit state test," but we affirm the denial of defendant's summary-judgment motion.

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Civil Practice – Appeals – Interlocutory Orders – Real Property – Title (access required)

Stanford v. Paris. In a case involving multiple defendants and multiple claims, plaintiffs waited until there was a final judgment before appealing several interlocutory orders. The plaintiffs were not required to appeal the interlocutory orders immediately; therefore, their appeal should not have been dismissed as to the interlocutory orders.

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Civil Practice – Appeals – Interlocutory Order – Statute of Limitations – Unfair Trade Practices – Propane Tank Refills (access required)

State ex rel. Cooper v. Blue Ridge Tank Co. (Lawyers Weekly No. 10-16-0785, 9 pp.) (Sanford L. Steelman Jr., J.) Appealed from Wake County Superior Court. (Robert H. Hobgood, J.) N.C. App. Unpub. Holding: Not every propane tank the state ...

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Civil Practice – Res Judicata – Different Causes of Action – No Privity – Appeals – Interlocutory (access required)

Farlow v. Farlow. (Lawyers Weekly No. 10-16-0771, 13 pp.) (Linda Stephens, J.) Appealed from Guilford County Superior Court. (A. Moses Massey, J.) N.C. App. Unpub. Holding: Where prior litigation between one plaintiff-brother and the defendant-parents involved different lands, this litigation ...

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Municipal – Ultra Vires Action – Subdivision Ordinance – Schools & School Boards – School Funding – Developer & Builder Fees – Civil Practice – Appeals – Interlocutory – Mootness – Standing – Statute of Limitations – Constitutional – Due Process – Equal Protection (access required)

Amward Homes, Inc. v. Town of Cary. The defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools. [...]

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