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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 […]
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[...]
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[...]
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 […]
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 […]
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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Commentary
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