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Mar 28, 2012

Labor & Employment – Public Employees – Disability Retirement Benefits – Statutory Amendment – Vesting – Notice

Wood v. Teachers’ & State Employees’ Retirement System Plaintiff had not yet been working – and contributing to the Teachers’ and State Employees’ Retirement System (TSERS) – for five years the first time the General Assembly amended the statute dealing with disability retirement benefits; therefore, plaintiff’s rights in the original benefit plan had not vested.

Nov 9, 2011

Municipal – Zoning – Appeals – Judicial Review – Untimely Petition – Final Order – Notice

In re Appeal of Peacock Even though the board of adjustment’s rules required it to enter its final decision in its minutes, and even though this was not accomplished until July 14, 2010, since the board’s written ruling was issued and signed by the zoning administrator and board chairman on May 17, 2010 and then filed with the town’s records on May 18, 2010, G.S. § 160A-388(e2) req[...]

Sep 14, 2011

Domestic Relations – Parent & Child – Custody & Support – Arrearage – Notice – Changed Circumstances

Jouma v. Jouma The plaintiff-father filed his motion to modify custody and support in October 2009; therefore, the trial court’s October 2010 order did not retroactively modify the father’s support arrearage in violation of G.S. § 50-13.10 or 42 U.S.C. § 666(a)(9)(c) when it extinguished the father’s obligation to pay child support after Sept. 1, 2010. We affirm the trial court[...]

Aug 24, 2011

Trusts & Estates – Civil Practice – Special Proceeding – Appeals – Notice

In re Estate of Prest Where appeals arising pursuant to G.S. § 1-301.2 do not require that the notice of appeal to superior court specify the basis for the appeal, respondents’ “Notice of Appeal to the Superior Court of Carteret County, of the Order issued in the Special Proceedings Division of Carteret County Civil Superior Court, on July 15, 2010 ... which granted the relief sought[...]

Aug 18, 2011

Insurance – Title – Real Property – Reformation Claim – No Mistake of Fact – Property Covered – Civil Practice – Notice – Statute of Limitations

Branch Banking & Trust Co. v. Chicago Title Insurance Co. Defendant agreed to insure the title of property for which plaintiff held a deed of trust. Defendant made no showing that the parties intended to exclude from their policy a parcel of the land that they later learned was encumbered by a prior deed of trust. Therefore, defendant was not entitled to a reformation of the policy.

Jul 11, 2011

Tort/Negligence – STCA – Pothole – Notice

Schneider v. N.C. Department of Transportation Plaintiffs failed to challenge the Industrial Commission’s findings that the N.C. Department of Transportation had no notice of the pothole into which the minor plaintiff drove his bicycle (resulting in a broken leg). The commission’s unchallenged findings of fact establish that the DOT lacked notice of the pothole; therefore, plaintiffs [...]

Jul 7, 2011

Civil Practice – Rule 11 Sanctions – Improper Purpose – Insufficient Showing – Municipal – Zoning – Notice

Coventry Woods Neighborhood Association, Inc. v. City of Charlotte Contrary to the trial court’s finding, plaintiffs refuted evidence that their primary purposes in filing their lawsuits were to delay and harass the defendant-developer. Plaintiffs showed that resort to the courts was their only avenue to contest the defendant-city’s decision to allow the developer to increase the dens[...]

May 4, 2011

Civil Practice – Judgment Execution – Exemption Schedule – Notice – Objection – Timeliness

Stewart v. Hodge According to plaintiff's uncontested brief, defendant served his exemption schedule on plaintiff by mailing it on Jan. 8, 2010, giving plaintiff until Jan. 21, 2010 (the 10 days from G.S. § 1C-1603(e)(5) plus three days for the mail to be delivered) to object. Since the clerk issued a notice of hearing...

Apr 29, 2011

Criminal Practice – Driving While License Revoked – Evidence – Suspension Letters – Notice

State v. Vereen. (Lawyers Weekly No. 11-16-0437, 18 pp.) (John C. Martin, Ch.J.) Appealed from Columbus County Superior Court. (D. Jack Hooks Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even though the admission of defendant’s unredacted DMV suspension letters (stating the bases – prior crimes – for […]

Apr 8, 2011

Prisons & Jails – Administrative – DOC Fee – Civil Practice – Notice

Griffith v. North Carolina Department of Correction. (Lawyers Weekly No. 11-07-0336, 31 pp.) (Douglas McCullough, J.) Appealed from Anson County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Click here for the full text of the opinion. Holding: With regard to persons in its custody, the Department of Correction is exempt from the general rule […]

Apr 1, 2011

Workers’ Compensation – Causation – Statute of Limitations – Notice – Timeliness – Credit

White v. Charles T. Hall Law Firm. (Lawyers Weekly No. 11-08-0317, 12 pp.) (Commissioner Bernadine S. Ballance) Appealed from Opinion & Award of Deputy Commissioner John B, DeLuca. I.C. No. 976386. Holding: Plaintiff showed that her upper extremity symptoms were related to her work as a legal assistant at a law firm, and not to […]

Mar 16, 2011

Trusts & Estates – Statute of Limitations – Non-Claim Statute – Personal Injury – Service – Summons – Notice

Boyd v. Sandling. The plaintiff brought suit against the defendant both in her individual capacity and as executor of the estate of the decedent both within three years of the decedent's death . . .

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