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Tag Archives: notice

Criminal Practice – Sufficiency of Written/Oral Notice of Appeal to Court of Appeals – Designation of Findings of Fact to Superior Court -De Novo Review of District Court Findings (access required)

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) ...

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Civil Practice – Collateral Attack – Real Property – Mortgages – Foreclosure – Notice (access required)

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.

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Civil Practice – Motion for Relief – Summary Judgment Motion & Hearing – Notice – New Address – Meritorious Defense – Unauthorized Use of Account (access required)

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.

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Criminal Practice – Satellite-Based Monitoring – Constitutional – Due Process – Notice – Right to Travel (access required)

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.

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Real Property – Consumer Protection – TILA Rescission Right – ‘Notice’ (access required)

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.

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Landlord/Tenant – Attorney’s Fees – 15% – Outstanding Rent – Notice – Answer (access required)

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.

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