North Carolina Lawyers Weekly

Aug 3, 2016

Real Property — Condominium – Parking Space – Waiver – Laches – Statute of Limitations

Ocracomax, LLC v. Davis (Lawyers Weekly No. 011-257-16, 14 pp.) (Rick Elmore, J.) Appealed from Hyde County Superior Court (Wayland Sermons Jr., J.) N.C. App. Holding: Even though, when plaintiff […]

Aug 18, 2015

Domestic Relations – Parent & Child – Support Order – Civil Practice – Laches

Malinak v. Malinak (Lawyers Weekly No. 15-07-0814, 8 pp.) (Douglas McCullough, J.) Appealed from Alexander County District Court (Deborah Brown, J.) N.C. App. Holding: The defense of laches does not […]

Jan 21, 2015

Domestic Relations — Equitable Distribution – Laches – Failure to Prosecute

Reardon v. Brown (Lawyers Weekly No. 15-16-0077, 9 pp.) (Linda McGee, Ch. J.) Appealed from Gaston County District Court (Ralph Gingles, J.) N.C. App. Unpub. Holding: When plaintiff finally tried […]

Jul 22, 2014

Contract – Settlement Agreement – Offer & Acceptance – Equitable Estoppel – Laches

Timber Integrated Investments, LLC v. Welch (Lawyers Weekly No. 14-16-0691, 19 pp.) (Martha Geer, J.) Appealed from Haywood County Superior Court (J. Thomas Davis, J.) N.C. App. Unpub. Holding: Even […]

Oct 3, 2012

Contract – Bailment – Historical Documents – Loan – Request for Return – Civil Practice – Statute of Limitations – Laches

Johnson v. North Carolina Department of Cultural Resources In correspondence in 1910, plaintiffs’ ancestor made clear that he was lending his family’s historical documents to the state, and the Secretary of the Historical Commission acknowledged the arrangement was a loan, which plaintiffs’ ancestor could recall at any time. A bailment was thus created, and plaintiffs are entitled t[...]

Sep 17, 2012

Labor & Employment – Civil Practice – Laches — National Origin Discrimination Claim

Equal Employment Opportunity Commission v. Propak Logistics, Inc. The EEOC did not file this action until almost seven years after one of defendant’s employees filed a discrimination charge; in the meantime, the facility in question has closed, defendant has lost touch with its former employees, and – not knowing the EEOC would consider this a class action – defendant has not mainta[...]

Jan 12, 2012

Contract – Promissory Note — Banks & Banking – Real Property – Laches — Environmental Degradation – Principal Payments

Carolina First Bank v. Stambaugh Even though the plaintiff-bank instituted foreclosure proceedings on defendants’ property, it remained defendants’ responsibility to provide erosion control on the property. No delay by the bank injured defendants; therefore, the equitable doctrine of laches is inapplicable. The bank’s motion for summary judgment is granted.

Jan 14, 2011