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Motion to Amend

Feb 18, 2015

Civil Practice — Motion to Amend – Corporate Dissolution – Corporate Debt

Baker v. Tucker (Lawyers Weekly No. 15-07-0150, 12 pp.) (Martha Geer, J.) Appealed from Lee County Superior Court (Douglas Sasser, J.) N.C. App. Holding: Where plaintiffs’ post-judgment motion pointed out to the trial court that its dissolution order did not account for a loan that the court had found plaintiff Derek Baker had made to […]

Dec 27, 2011

Civil Practice – Pleadings – Motion to Amend – Wrong Corporate Party – Notice Irrelevant

Taylor-Butler v. Food Lion, Inc. It is irrelevant that the proper defendant had notice of plaintiff’s action and would not be prejudiced by allowing her to amend her complaint to name the correct corporation as a defendant. N.C. R. Civ. P. 15(c) does not allow relation-back when a complaint is amended to add a party, and the statute of limitations had already run when plaintiff moved to[...]

Apr 1, 2011

Civil Practice – Pleadings – Motion to Amend – Untimely – Diligence – Standard of Review – Magistrate’s Ruling

Stonecrest Partners, LLC v. Bank of Hampton Roads. (Lawyers Weekly No. 11-02-0328, 10 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: Although plaintiff’s original counsel unexpectedly passed away, he had already filed plaintiffs’ first motion to amend the complaint, and he already had all the evidence alleged in plaintiffs’ second, untimely motion to amend the complaint. [&he[...]

Jan 6, 2011

Tort/Negligence – Sovereign Immunity – Motion to Amend – Rule 15(c)

Treadway v. Diez. (Lawyers Weekly No. 11-07-0029, 11 pp.) (Rick Elmore, J.) (Barbara Jackson, J., dissenting) Appealed from Buncombe County Superior Court. (Bradley B. Letts, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the complaint originally named the sheriff’s department as the defendant, since the summonses were directed […]

Dec 9, 2010

Tort/Negligence – Motion to Amend – Contributory Negligence – Jury Instructions

Rabon v. Hopkins. (Lawyers Weekly No. 10-07-1163, 19 pp.) (Linda Stephens, J.) Appealed from Guilford County Superior Court. (John O. Craig III, J.) N.C. App. Click here for the full text of the opinion. Holding: Defendants in a personal-injury case cannot amend their answer to assert the defense of contributory negligence on the day of […]

Jul 16, 2010

Civil Practice – Pleadings – Answer – Motion to Amend – Corporate – Pro Se Shareholder – Default

Bodie Island Beach Club Association, Inc. v. Wray. (Lawyers Weekly No. 10-15-0654, 6 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct. Holding: A doctor’s answer on personal letterhead – which did not purport to respond on behalf of his wholly owned company – did not suffice to answer the complaint as to the company. […]

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