Holding: A motion for a new trial under N.C. R. Civ. P. 59 must be served “not later than 10 days after entry of the judgment.” Plaintiff exceeded this time by approximately nine months; therefore, the trial court did not ...

Tagged with: Rule 59

Baker v. Tucker (Lawyers Weekly No. 15-07-0150, 12 pp.) (Martha Geer, J.) Appealed from Lee County Superior Court (Douglas Sasser, J.) N.C. App. Holding: Where plaintiffs’ post-judgment motion pointed out to the trial court that its dissolution order did not ...

Tagged with: Motion to Amend Rule 59

Ennis v. Munn > After the trial court granted defendant’s N.C. R. Civ. P. 60 motion to set aside the default judgments against him, plaintiff did not appeal immediately; instead, he filed a motion to reconsider, without citing to any Rule of Civil Procedure. Since plaintiff’s motion to reconsider does not fit within any of the rules that extend the time to file an appeal, plaintiff’s appeal – filed nearly three months after the trial court granted defendant’s Rule 60 motion – is dismissed as untimely as to the Rule 60 order.

Tagged with: Rule 59

Batts v. Batts Even though the plaintiff-brother originally allowed the defendant-sister to put a manufactured home on the brother’s land (for their mother to live in), the trial court found that (1) the brother owns the property on which the manufactured home is located, (2) the brother asked the sister to remove herself and her manufactured home from his property, and (3) the sister refused to remove herself and her home from the brother’s property. The trial court’s findings support its conclusions that the sister was trespassing on the brother’s land and that the brother was damaged by the continued trespass.

Tagged with: Civil Practice Real Property Rule 59 Tort/Negligence trespass

Diversified Financial Services, LLC v. F & F Excavating & Paving, Inc. Defendants timely filed a N.C. R. Civ. P. 59 motion for relief from summary judgment, but the only ground stated in support of the Rule 59 motion was a request for a change in N.C. law. Since this is not one of the grounds set out in Rule 59, defendants’ Rule 59 motion did not toll the time for appealing the summary judgment order. Defendants’ appeal of the summary judgment order is dismissed. As to defendants’ appeal of the denial of their Rule 59 motion, we affirm.

Tagged with: appeals Civil Practice discovery Rule 59

Cummings v. Ortega. The trial court did not commit legal error, nor did it abuse its discretion by admitting into evidence affidavits of two jurors alleging juror misconduct when considering a Rule 59(a) motion to set aside a jury verdict and subsequently refusing to reconsider its decision.

Tagged with: Harnett County Juror Misconduct Medical Malpractice Rule 59 Tort-Negligence Tort/Negligence