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Tag Archives: rule 11

Tort/Negligence – Alienation of Affections – Mother & Daughter – Civil Conspiracy – Unfair Trade Practices – Emotional Distress – Civil Practice – Statute of Limitations – Rule 11 (access required)

Rushing v. Barron Since North Carolina does not recognize alienation of affection for any relationship other than that of spouses, plaintiff cannot make out a civil conspiracy claim by alleging that her father and brother conspired to alienate her mother’s affection and to convince her mother to exclude plaintiff from inheritance.

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Civil Practice – Pleadings – Amendment – Relation Back – Complaint Verification – Rule 11 – First Impression (access required)

Estate of Livesay v. Livesay Forty-two days after the complaint and summonses had been issued - but before any responsive pleadings had been filed - plaintiff’s counsel discovered that the complaint had not been signed or verified. Counsel quickly filed an amended, signed complaint. Pursuant to N.C. R. Civ. P. 11 and 15, the trial court had subject matter jurisdiction over the complaint.

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Attorneys – Rule 11 – Sanctions Denied – Fact Investigation – Real Property – Promissory Note (access required)

Ancelmo v. Oliver Plaintiffs told their attorney that they had made all the payments required by an installment sale agreement for a tract of real property, yet defendants refused to release the deed of trust encumbering the property. Plaintiffs said there was no promissory note, and plaintiffs’ attorney made oral and written requests that defendants produce any such promissory note. Defendants failed to produce a promissory note until more than a year after plaintiffs filed this lawsuit for breach of contract, specific performance, and “failure to extinguish proof of indebtedness.”

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Domestic Relations – Child Custody – Visitation – Costs – Interest – Rule 11 – Sanctions (access required)

Peters v. Pennington. (Lawyers Weekly No. 11-07-0215, 42 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County District Court. (Rebecca T. Tin, J.) N.C. App. Click here for the full text of the opinion. Holding:  Where there was evidence ...

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Real Property – Non-Exclusive Easement – Res Judicata – Attorney’s Fees – Sanctions – Rule 11 – Administrative (access required)

Barris v. Town of Long Beach. (Lawyers Weekly No. 10-07-1211, 9 pp.) (Barbara Jackson, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Click here for the full text of the opinion. Holding: The plaintiffs failed ...

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