In re Adams (Lawyers Weekly No. 012-036-17, 9 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (James Morgan, J.) N.C. App. Unpub. Holding: Where respondent received proper notice of the foreclosure proceeding, a new substitute trustee was not ...

Tagged with: notice

State v. Miller (Lawyers Weekly No. 011-169-16, 16 pp.) (Per Curiam) Appealed from Mecklenburg County Superior Court (Linwood Foust, J.) N.C. App. Unpub. Holding: The superior court denied the state’s request for a hearing de novo under G.S. § 20-38.7(a) ...

Tagged with: notice

Kee v. Waffle House, Inc. (Lawyers Weekly No. 012-083-16, 21 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though plaintiff’s workers’ compensation claim was filed more than two years after her accident, her claim ...

Tagged with: notice

In re Foreclosure of Beauchemin The appellant-owners of the real property in Jackson County stipulated that they received notice of the Jackson County foreclosure. In this Jackson County action appellant Richard Beauchemin may not collaterally attack the foreclosure notice sent to him involving property his business owned (before foreclosure) in Haywood County.

Tagged with: Civil Practice Collateral Attack foreclosure mortgages notice Real Property

Prosecutors and criminal defense attorneys now have a larger, simpler window in which to file a notice of appeal after the North Carolina Supreme Court clarified what happens when a judge signs a written order weeks or even months after announcing a decision in the courtroom.

Tagged with: Hearing notice

Delhaize America, Inc. v. Lay The state Department of Revenue did not violate plaintiff’s procedural due process rights by forcing a combination of plaintiff and its subsidiary’s earnings, pursuant to G.S. § 105-130.6.

Tagged with: Constitutional Corporate notice Taxation

Southland Distributors of North Carolina, LLC v. Hamilton Although it appears the trial court found that plaintiff’s counsel received a letter from defendant setting out defendant’s new address, the court made no finding regarding whether counsel received the letter prior to mailing plaintiff’s motion for summary judgment and notice of hearing to defendant at his old address.

Tagged with: Civil Practice Motion for Relief notice

State v. Manning Where the letter sent to defendant by the Department of Correction informed defendant of both the hearing date and the specific category of G.S. § 14-208.40(a) under which he fell, the letter adequately protected defendant’s due process rights.

Tagged with: Constitutional Criminal Practice Due Process notice Satellite-Based Monitoring

Gilbert v. Residential Funding LLC A homeowner may exercise a right to rescind a mortgage transaction under the Truth in Lending Act by notifying the creditor within the three-year period; the owner is not required to file a lawsuit within the three-year window to exercise the rescission right, and the 4th Circuit reverses a contrary district court decision on a question of law that has split federal appeals courts.

Tagged with: consumer protection notice Real Property

Finch v. Campus Habitat, L.L.C. The parties’ lease requires the plaintiff-tenant to pay any attorney’s fees incurred by the defendant-landlord as a result of a breach by the tenant. Since the lease does not specify a percentage, and since the trial court based its attorney’s fee award on G.S. § 6-21.2(2), the trial court was required to limit its attorney’s fee award to 15 percent of the outstanding balance on the lease. The trial court awarded the landlord $3,090 in unpaid rent; therefore, the attorney’s fee award should not have exceeded $463.50.

Tagged with: Attorney’s Fees Landlord/Tenant notice