In re Wadsworth (Lawyers Weekly No. 012-032-17, 8 pp.) (Rick Elmore, J.) Appealed from Watauga County Superior Court (Mark Powell, J.) N.C. App. Unpub. Holding: The only statutory requirement for a change of venue was “good cause,” and the trial ...

Tagged with: rule 11

Southeast Air Charter, Inc. v. Stroud (Lawyers Weekly No. 15-15-0715, 18 pp.) (James Gale, C.J.) 2015 NCBC 66 Holding: Plaintiff’s Rule 30(b)(6) deponent admitted that the moving defendants were “run of the mill” employees; accordingly, plaintiff lacked an adequate factual ...

Tagged with: rule 11 sanctions

Velocity Solutions, Inc. v. BSG, LLC (Lawyers Weekly No. 15-15-0535, 18 pp.) (James Gale, C.J.) 2015 NCBC 51 Holding: Before bringing their (now voluntarily dismissed) claims, plaintiffs conducted more than 20 interviews, reviewed publicly available information about defendant BSG, LLC’s ...

Tagged with: rule 11 Trade Secrets

Macon Bank, Inc. v. Cornblum (Lawyers Weekly No. 15-16-0129, 14 pp.) (Linda Stephens, J.) Appealed from Swain County Superior Court (Gary Gavenus, J.) N.C. App. Unpub. Holding: The evidence clearly showed that the parties intended to bind both defendants in ...

Tagged with: Clerical Error rule 11

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.

Tagged with: Alienation of Affections Civil Conspiracy Civil Practice Emotional Distress rule 11 Statute of Limitations Tort/Negligence Unfair Trade Practices

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.

Tagged with: Amendment Civil Practice first impression pleadings Relation Back rule 11

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.”

Tagged with: Attorneys promissory note Real Property rule 11

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 ...

Tagged with: Child Custody Costs Domestic Relations Interest Mecklenburg County rule 11 Rule 11 Sanctions sanctions Visitation

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 ...

Tagged with: Administrative attorney's fees Brunswick County Real Property res judicata rule 11 Rule 11 Sanctions sanctions

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 ...

Tagged with: Civil Practice Homeowners' Association notice rule 11 sanctions Union County