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Tag Archives: Rule 59

Civil Practice – Motion for Reconsideration – Rule 60 Order – Appeals – Untimely (access required)

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.

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Tort/Negligence – Real Property – Trespass – Brother’s Land – Sister’s Manufactured Home – Civil Practice – Rule 59 – ‘Surprise’ – Prior Summary Ejectment Action (access required)

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.

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Civil Practice – Appeals – Time for Filing – Rule 59 – Grounds – Discovery – Request for Admissions – Central Issue (access required)

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.

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Tort/Negligence – Medical Malpractice – Rule 59(a) – Juror Misconduct (access required)

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.

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