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Nov 21, 2017

Civil Practice – Mootness – Executive Order – Expired Provision

International Refugee Assistance Project v. Trump (Lawyers Weekly No. 001-202-17, 6 pp.) (Per Curiam) (Paul Neimeyer, J., joined by Dennis Shedd & G. Steven Agee, JJ., concurring in part & dissenting in part) 17-1351; Nov. 17, 2017; on remand from the U.S. Supreme Court; 4th Cir. Holding: In an Oct. 10, 2017, order, the U.S. […]

Apr 17, 2017

Civil Practice – Mootness – Hospital Rates – Claim Dismissal – Intervention – Accord & Satisfaction

Chambers v. Moses H. Cone Memorial Hospital (Lawyers Weekly No. 020-032-17, 23 pp.) (James Gale, C.J.) 2017 NCBC 22 Holding: The plaintiff-patient, who paid $2,820 of the $14,558.14 bill for his emergency appendectomy, filed this action seeking a declaratory judgment that (1) the payment provision of the hospital’s emergency room contract contains an open price […]

Jul 7, 2016

Civil Practice — Preliminary Injunction Bond – Voluntary Dismissal – Mootness – First Impression

Allen Industries v. Kluttz (Lawyers Weekly No. 011-218-16, 8 pp.) (Donna Stroud, J.) Appealed from Guilford County Superior Court (Lindsay Davis Jr., J.) N.C. App. Holding: The fact that plaintiff voluntarily dismissed its lawsuit – after the parties’ covenant not to compete had expired – does not, in itself, entitle defendant to recover on plaintiff’s […]

May 20, 2015

Criminal Practice — Sentencing – Exercise of Right to Appeal – Changed Sentence – Moot

State v. Godbey (Lawyers Weekly No. 15-07-0503, 11 pp.) (Sanford Steelman Jr., J.) Appealed from Iredell County Superior Court (Anderson Cromer, J.) N.C. App. Holding: Even though it appears that the trial judge impermissibly changed defendant’s sentence once he learned that defendant was exercising his right to appeal, since defendant has already served the sentence, […]

May 19, 2015

Public Utilities — Civil Practice – Mootness – Discovery – Membership Rolls

130 of Chatham, LLC v. Rutherford Electric Membership Corp. (Lawyers Weekly No. 15-07-0498, 16 pp.) (Linda Stephens, J.) Appealed from Rutherford County Superior Court (Alan Thornburg, J.) N.C. App. Holding: Since defendant has already produced the membership lists and other documents plaintiff requested, this appeal of the order requiring such production is moot. Appeal dismissed. […]

Feb 24, 2015

Civil Practice — Appeals – Mootness – Discovery Order – Compliance – Tort/Negligence – Domestic Relations – Criminal Conversation

Kedar v. Patel (Lawyers Weekly No. 15-16-0176, 7 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Jesse Caldwell III, J.) N.C. App. Unpub. Holding: Where defendant is appealing a discovery order that he has already obeyed, this appeal is moot. Dismissed. Although defendant had been granted immunity from prosecution for the crime of […]

May 9, 2012

Real Property – Mortgages – Foreclosure – Civil Practice – Appeals – Mootness – Completed Sale

In re Foreclosure of Deed of Trust by Wilson The mortgaged property was sold to Fannie Mae subsequent to an order permitting foreclosure, and the trustee’s deed was recorded. There is no indication that the respondent-mortgagor paid a bond to stay the foreclosure sale, nor was there an upset bid during the 10-day period or any indication in the record that respondent obtained a temporar[...]

Apr 17, 2012

Real Property – Mortgages – Foreclosure – Civil Practice – Subject Matter Jurisdiction – Arbitration – Mootness

In re Foreclosure of Cornblum In a power of sale proceeding initiated under G.S. § 45-21.16, the clerk of court, and the superior court on appeal from the clerk’s decision, lack subject matter jurisdiction to consider and rule on a party’s motion to compel arbitration. In re Foreclosure of Pugh (March 6, 2012; Lawyers Weekly No. 12-07-0257)

Mar 21, 2012

Civil Practice – Declaratory Judgment – Mootness – Labor & Employment – Public Employees – Breach of Contract Allegation

Hindman v. Appalachian State University Where the Feb. 10, 2011 complaint sought only a declaratory judgment that defendants had breached the plaintiff-professors’ contracts by reducing their salaries by 0.5 percent for the 2008-09 academic year, defendants were entitled to summary judgment on mootness grounds.

Nov 11, 2011

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

Amward Homes, Inc. v. Town of Cary Our Court of Appeals held that 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. With Justice Jackson not participating, the remaining members of the court are equally divided, with three members votin[...]

Jun 23, 2011

Real Property – Foreclosure – Mootness

In re Foreclosure of Hackley An individual’s appeal from a trial court order authorizing a substitute trustee to proceed with a foreclosure sale must be dismissed as moot because the foreclosure sale has been completed and the real property duly conveyed to the highest bidder.

Nov 23, 2010

Public Utilities – Energy – S.C. Contract – Civil Practice – Mootness – Customer Withdrawal

In re Duke Energy Carolinas, LLC's Advance Notice of Purchase Power Agreement. Duke Energy proposed selling energy to the S.C. town of Orangeburg, and the N.C. Utilities Commission ruled on the proposal. Duke and Orangeburg appealed, but then Orangeburg voluntarily withdrew from the proposed energy contract. This appeal is moot, and we decline to address the commission's ruling under eith[...]

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