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Mar 16, 2011

Insurance – Notice – First Impression – Duty to Defend – ‘Insured’ – Coverage

Kubit v. MAG Mutual Insurance. The duty to defend arises when an insurer receives actual notice of the underlying action. Since a doctor's complaint against individual anesthesiologists contained . . .

Dec 15, 2010

Civil Practice – Rule 11 – Sanctions – Homeowners’ Association – Notice

Vintage Condominiums Association, Inc. v. Richardson. (Lawyers Weekly No. 10-16-1196, 14 pp.) (Martha A. Geer, J.) Appealed from Union County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did not err when it denied the defendants’ motion for Rule 11 sanctions […]

Sep 30, 2010

Bankruptcy – Attorney’s Fees – Notice – Proof of Claim – Waiver – Foreclosure

In Re: Saeed. (Lawyers Weekly 10-05-0944, 6 pp.) (Thomas W. Waldrep Jr., J.) M.B.N.C. Holding: Because it failed to mail a statement to the debtor that clearly and conspicuously explained the attorney’s fees it sought in its claim, the note-holder did not provide sufficient notice to the debtor of its assessment of attorney’s fees pursuant […]

Sep 23, 2010

Criminal Practice – Satellite-Based Monitoring – Insufficient Notice – Solicitation to Indecent Liberties

State v. Cowan. (Lawyers Weekly No. 10-07-0917, 19 pp.) (Sam Ervin IV, J.) Appealed from Rowan County Superior Court. (John L. Holshouser Jr., J.) N.C. App. Holding: Although notice of the hearing on satellite-based monitoring (SBM) was sent to defendant, the notice failed to specify the category set out in G.S. § 14-208.40(a) into which […]

Sep 22, 2010

Criminal Practice – Controlled Substances – Notice of Intent to Introduce Evidence – Waiver of Right to Counsel – Plain Error

  State v. Blackwell. (Lawyers Weekly No. 10-07-0918, 7 pp.) (Donna S. Stroud, J.) Appealed from Person County Superior Court (Donald W. Stephens, J.) N.C. App. Holding: When a defendant is not represented by counsel and the state fails to serve a notice upon him that it intends to use lab results on the nature […]

Sep 14, 2010

Criminal Practice – DVPO Violation – ‘Knowingly’ – Notice – Mail & Prior Presence

State v. Elder. (Lawyers Weekly No. 10-16-0907, 8 pp.) (Robert C. Hunter, J.) Appealed from Mecklenburg County Superior Court. (James W. Morgan, J.) N.C. App. Unpub. Holding: Notice of the two-year extension of a domestic violence protective order (DVPO) was mailed on Sept. 17, 2007, to the address where defendant had lived since he and […]

Aug 26, 2010

Real Property – Foreclosure – Substitute Trustee – Notice – Subprime Loans

In re Foreclosure of Gilmore. The trial court erred when it allowed the substitute trustee to proceed with foreclosure where a person signed a notice in her individual capacity and not on behalf of the substitute trustee, and therefore was not authorized to give notice to the borrowers, and where the trial court failed to make a required finding of whether the underlying loan was a subpr[...]

Aug 13, 2010

Civil Practice – Discovery – Sanctions – Deposition – Failure to Appear – Notice

Owen v. Eubanks. (Lawyers Weekly No. 10-16-0781, 8 pp.) (Rick Elmore, J.) Appealed from Transylvania County Superior Court. (A. Robinson Hassell, J.) N.C. App. Unpub. Holding: A defendant who ignored multiple deposition notices was appropriately sanctioned when the trial court struck his answer, entered default against him, and ordered him to pay plaintiffs’ related expenses […]

Aug 6, 2010

Criminal Practice – SBM – Appeals – Written Notice Required – Dismissal

State v. Inman. (Lawyers Weekly No. 10-07-0754, 7 pp.) (Barbara Jackson, J.) (Donna S. Stroud, J., dissenting) Appealed from Onslow County Superior Court. (Charles H. Henry, J.) N.C. App. Holding: Where the record contains no notice of appeal, we must dismiss this appeal. Even though we have the discretion to treat a purported appeal as […]

Jul 30, 2010

Municipal – Negligence – Actual & Constructive – Notice – Sewage System

McCann v. Town of Sparta. (Lawyers Weekly No. 10-16-0713, 8 pp.) (John C. Martin, Ch.J.) Appealed from Alleghany County Superior Court (Andy Cromer, J.). N.C. App. Unpub. Holding: The plaintiff did not set forth specific facts establishing that the defendant town had actual or constructive notice of a small grease blockage in a sewage line […]

Jul 25, 2010

Real Property – Lis Pendens – Deed of Trust – Quiet Title – Notice

Kelley v. Citi Financial Services, Inc. The plaintiff stated a cause of action to quiet title where he filed a lis pendens placing the mortgagee on notice of his putative right to quiet title before a third party mortgaged the property, which was subsequently quitclaimed to the plaintiff pursuant to a consent order entered in the case that was the subject of the lis pendens.

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