Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: judgment

Intellectual Property – Trademark – Civil Practice – Declaratory Judgment Act – Federal Jurisdiction (access required)

Artful Color, Inc. v. Hale Though a judgment in this matter might clarify legal relations and provide relief from uncertainty, because the issue of the court’s personal jurisdiction over defendant is unclear and dismissal of this action would not deprive plaintiff of a forum as plaintiff has raised no exclusively federal claims, the court declines to exercise its jurisdiction over this declaratory judgment action.

Read More »

Real Property – Anti-Deficiency Statute – Civil Practice – Appeals – Summary Judgment & Motion to Amend (access required)

Rutherford Plantation, LLC v. Challenge Golf Group of the Carolinas, LLC Even though defendant failed to raise the anti-deficiency statute at the summary judgment stage and cited the wrong subsection of N.C. R. Civ. P. 59 in its motion to amend judgment, the trial court should have taken notice of the anti-deficiency statute, which cannot be waived, and denied plaintiff a deficiency judgment.

Read More »