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Tag Archives: sanctions

Civil Practice – Appeals – Voluntary Dismissal – Denial of Motion to Dismiss – Sanctions (access required)

Housing Authority v. Sparks Engineering, PLLC Plaintiff voluntarily dismissed its action against defendant, so this court cannot review the trial court's denial of defendant's motions to dismiss and to designate as a complex business case. Appeal dismissed. We deny defendant's petition for a writ of certiorari.

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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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Civil Practice – Requests for Admission – Service – Summary Judgment – Sanctions (access required)

Faulkerson v Allen. The defendant properly served his answer, request for admissions and counterclaims upon the plaintiffs by sending them in the mail to plaintiffs' last known address. Given the plaintiffs' failure to respond to the requests for admission and counterclaims, the trial court did not err by granting summary judgment in favor of the defendant. Since none of the contentions that the plaintiffs advanced on appeal were well grounded in fact or warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, imposing sanctions against the plaintiffs is appropriate.

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