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Tag Archives: Substantial Right

Civil Practice -Interlocutory Appeal – Substantial Right – Contractors – Subcontractors – Third-party Complaint – ‘Exceptional’ Designation – Motion to Stay (access required)

B&K Coastal, LLC v. Triangle Grading & Paving, Inc. (Lawyers Weekly No. 11-16-0433, 14 pp.) (Linda M. McGee, J.) Appealed from New Hanover County Superior Court. (W. Allen Cobb Jr., J.) N.C. App. Unpub. Click here for the full text ...

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Domestic Relations – Separation Agreement – Rescission – Ratification – Acceptance of Benefits – Appeals – Interlocutory – Substantial Right (access required)

Honeycutt v. Honeycutt. Even though the plaintiff-wife claims the parties' separation agreement is unfair and was unfairly pushed upon her by the defendant-husband, since the wife accepted and retains benefits under the separation agreement, she has ratified the agreement and cannot have it rescinded. We affirm the trial court's grant of partial summary judgment for the husband as to the wife's rescission claim.

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Civil Practice – Interlocutory Appeal – Substantial Right – Contract – Lis Pendens – Constructive Trust – Dismissal (access required)

Superior Construction Corp. v. Intracoastal Living, LLC. (Lawyers Weekly No. 10-16-1067, 9 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court (John R. Jolly Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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Arbitration – Waiver – Motion to Compel – Interlocutory Appeal – Substantial Right (access required)

Rodrigues v. Southern Assisted Living, Inc. By making use of judicial discovery procedures, the defendants waived their right to compel arbitration; therefore, the trial court did not err when it denied their motion to stay proceedings and compel arbitration.

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Civil Practice – Interlocutory Appeal – Substantial Right – Pro Hac Vice (access required)

Dance v. Manning. The denial of a motion for admission of an out-of-state attorney to practice pro hac vice does not involve a substantial right and is not appealable as a matter of right. Because the plaintiff's interlocutory appeal does not affect a substantial right, we grant defendant's motion and dismiss plaintiff's appeal.

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