Green v. Green (Lawyers Weekly No. 14-07-0936, 33 pp.) (Donna Stroud, J.) Appealed from Nash County District Court (John Covolo, J.) N.C. App. Holding: This equitable distribution action was delayed well beyond the timelines contemplated by our statutes and the ...

Tagged with: equitable distribution Timeliness

Manone v. Coffee When a party receives actual notice of the entry and content of a judgment, as was done in this case by obtaining the custody order directly from the courthouse, the service requirements of N.C. R. App. P. 3(c) are not applicable.

Tagged with: appeals Civil Practice Custody Order Domestic Relations Timeliness

Portfolio Recovery Associates, LLC v. Freeman A debtor’s challenge to an arbitration award fails since: (1) he failed to challenge the award within the three-month time period prescribed by 9 U.S.C. §12; and (2) equitable tolling does not apply because he failed to file a motion to vacate the arbitration award.

Tagged with: Arbitration Credit Card Agreement Timeliness

Tyson v. H. K. Porter Co. The deputy commissioner found that plaintiff’s asbestosis claim was not timely filed, but the full Industrial Commission failed to mention the timeliness of the claim when it awarded benefits for asbestosis. We affirm the award of benefits for asbestos-related pleural disease and colon cancer. We reverse and remand for further findings with regard to the timeliness of the asbestosis claim and the correct average weekly wage.

Tagged with: Average Weekly Wage Timeliness Workers’ Compensation

Stewart v. Hodge According to plaintiff's uncontested brief, defendant served his exemption schedule on plaintiff by mailing it on Jan. 8, 2010, giving plaintiff until Jan. 21, 2010 (the 10 days from G.S. § 1C-1603(e)(5) plus three days for the mail to be delivered) to object. Since the clerk issued a notice of hearing...

Tagged with: notice Timeliness

White v. Charles T. Hall Law Firm. (Lawyers Weekly No. 11-08-0317, 12 pp.) (Commissioner Bernadine S. Ballance) Appealed from Opinion & Award of Deputy Commissioner John B, DeLuca. I.C. No. 976386. Holding: Plaintiff showed that her upper extremity symptoms were ...

Tagged with: 'credit' Causation notice Statute of Limitations Timeliness Workers Compensation