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Tag Archives: summary judgment

Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Summary Judgment – Statute of Limitations & Representation Questions – Prisons & Jails (access required)

Jenkins v. Batts (Lawyers Weekly No. 011-227-16, 16 pp.) (Donna Stroud, J.) Appealed from Edgecombe County Superior Court (Cy Grant, J.) N.C. App. Holding: As the defendant-attorney himself admitted at the summary judgment hearing, there are jury questions as to ...

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Civil Practice – Summary Judgment – Motion to Continue – Tort/Negligence — Real Property – Contractor – Renovation (access required)

McMillan v. Ryan Jackson Properties, LLC The hearing on the defendant-contractor’s summary judgment motion was conducted on July 7, 2011, five weeks after plaintiffs were notified that the contractor’s project file was available for pick-up. Plaintiffs offered no explanation for their three-week delay in picking up the project file. Five weeks was a reasonable time for plaintiffs and their expert to retrieve and examine the contractor’s file in order to discover any evidence which could be used to oppose the summary judgment motion. We find no abuse of discretion in the trial court’s denial of plaintiffs’ motion to continue.

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