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Tag Archives: promissory note

Civil Practice – Default Judgment – Motion for Relief – Irregularity – Sufficient Allegations (access required)

Brown v. Cavit Sciences, Inc. Even though the basis for plaintiff’s claims against defendants was a $100,000 promissory note, the complaint’s allegations of breach of contract, breach of guaranty, fraudulent concealment, and unfair and deceptive trade practices, among others, support the trial court’s default judgment of $1,906,000. Therefore, the judgment is not irregular and is not subject to being set aside under N.C. R. Civ. P. 60(b).

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Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation (access required)

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect.

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Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation (access required)

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect. Moreover, the state court litigation involved the original promissory note between the parties whereas this action involves a renewal promissory note.

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