Our Supreme Court has held that “[s]ince proceedings for declaratory relief have much in common with equitable proceedings, the equitable doctrine of laches has been applied in such proceedings.” Taylor v. Raleigh, 290 N.C. 608, 227 S.E.2d 576 (1976), and ...
Tagged with: Statute of Limitations
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Some judges pride themselves on going the extra mile in court. But sometimes that extra mile is a stretch too far. In Mecklenburg County, District Court Judge Becky Tin took it upon herself to raise a statute of limitations defense ...
Tagged with: Statute of Limitations
Read More »Honeycutt v. Weaver (Lawyers Weekly No. 011-030-18, 18 pp.) (Rick Elmore, J.) Appealed from Forsyth County Superior Court (Susan Bray, J.) N.C. App. Holding: In 2005, five years before the parties’ mother passed away, the defendant-daughter – the mother’s attorney-in-fact ...
Tagged with: Statute of Limitations
Read More »Powell v. Kent (Lawyers Weekly No. 011-017-18, 9 pp.) (John Arrowood, J.) Appealed from Haywood County Superior Court (Sharon Tracey Barrett, J.) N.C. App. Holding: Although plaintiff instituted an action within the three-year limitations period applicable to automobile negligence actions ...
Tagged with: Statute of Limitations
Read More »N.C. Department of Revenue v. Bass (Lawyers Weekly No. 020-004-18, 17 pp.) (Michael Robinson, J.) 2017 NCBC 112 Holding: Under the statute of limitations in G.S. § 105-241.6(a), a taxpayer has three years to apply for a refund, and G.S. ...
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Read More »Ragsdale v. Whitley (Lawyers Weekly No. 011-006-18, 14 pp.) (John Arrowood, J.) Appealed from Cumberland County Superior Court (Beecher Gray, J.) N.C. App. Holding: If a person meets the statutory definition of an “incompetent adult” under G.S. § 35A-1101(7), the ...
Tagged with: Statute of Limitations
Read More »Anders v. Universal Leaf North America (Lawyers Weekly No. 011-127-17, 26 pp.) (Valerie Zachary, J.) Appealed from the Industrial Commission. N.C. App. Holding: Even though the Industrial Commission failed to give plaintiff the benefit of the Parsons presumption, his claim ...
Tagged with: Statute of Limitations
Read More »Williams v. Rojano (Lawyers Weekly No. 011-078-17, 19 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Holding: Even though plaintiff’s Feb. 9, 2015, complaint alleges that defendants continued to garnish his ...
Tagged with: Statute of Limitations
Read More »Williams v. Rojano (Lawyers Weekly No. 012-045-17, 19 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Unpub. Holding: Even though plaintiff’s Feb. 9, 2015, complaint alleges that defendants continued to garnish ...
Tagged with: Statute of Limitations
Read More »Bankaitis v. Allstate Insurance Co. (Lawyers Weekly No. 003-003-17, 11 pp.) (Loretta Biggs, J.) 1:16-cv-00146; M.D.N.C. Holding: After plaintiffs’ home was destroyed by fire, defendant allegedly waited until the time for filing had expired to tell plaintiffs that they needed ...
Tagged with: Statute of Limitations
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North Carolina Lawyers Weekly
