Tag Archives: Motion to Amend

Civil Practice – Pleadings – Motion to Amend – Wrong Corporate Party – Notice Irrelevant (access required)

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 amend her complaint. We affirm the trial court’s order granting defendant’s motion to dismiss.

Read More »

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

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 ...

Read More »