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 bought a condo unit, plaintiff knew about a shed that ...

Tagged with: Condo parking 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 apply to a claim for the nonpayment of court-ordered child ...

Tagged with: Laches parent & child

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 to pursue her equitable distribution claim 13 years after the ...

Tagged with: Failure to Prosecute 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 though plaintiffs never signed the settlement contract, since defendants accepted ...

Tagged with: Laches settlement

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of Cultural Resources In correspondence in 1910, plaintiffs’ ancestor made clear that he was lending his family’s historical documents to the state, and the Secretary of the Historical Commission acknowledged the arrangement was a loan, which plaintiffs’ ancestor could recall at any time.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 to have the documents returned to them.

Tagged with: Civil Practice Contract Laches loan Statute of Limitations

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 maintained personnel records from the time at issue. The EEOC’s claim is barred by laches.

Tagged with: Civil Practice Labor & Employment Laches

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.

Tagged with: Banks & Banking Contract Laches promissory note Real Property

Ray Communications, Inc. v. Clear Channel Communications. (Lawyers Weekly No. 11-02-0051, 19 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Where plaintiff has known of defendants’ use of allegedly infringing service marks for over 30 years and decided to sue only ...

Tagged with: Intellectual Property Laches

Mecklenburg County v. Simply Fashion Stores, Ltd. The trial court did not err in determining that the county had the right to terminate a tenant's lease pursuant to the contractual termination clause; the clause provided that the . . .

Tagged with: Condemnation Contract Interlocutory Order Laches Mecklenburg County

Irby v. Freese. (Lawyers Weekly No. 10-07-0795, 13 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Jesse B. Caldwell III, J.) N.C. App. Holding: During the two months between plaintiffs’ becoming concerned that defendant was violating setback requirements ...

Tagged with: Laches Mecklenburg County Real Property