North Carolina Lawyers Weekly

Jun 6, 2012

Tort/Negligence – Breach of Fiduciary Duty – Unjust Enrichment – Unenforceable Oral Contract – Landlord/Tenant – Prior Summary Ejectment

Holloway v. Holloway Although a familial relationship by itself is not enough to prove a fiduciary duty, the plaintiff-mother proved the defendant-son owed her a fiduciary duty after he convinced her to move from California to North Carolina so he could take care of her while she lived in a modular home that he owned.

Feb 23, 2011

Civil Practice – Rule 56(c) – Notice of Hearing – Deed of Trust – Equitable Lien – Unjust Enrichment

Wachovia Mortgage FSB v. Davis. (Lawyers Weekly No. 11-16-0191, 9 pp.) (John C. Martin, Ch.J.) Appealed from Wake County Superior Court. (Donald W. Stephens, J.) N.C.App. Unpub. Click here for […]

Dec 16, 2010

Tort/Negligence – Breach of Contract – Unjust Enrichment – Unverified Complaint

Carolina Orthopaedic Specialists v. Smith. A breach-of-contract complaint filed by a medical services provider against a patient who did not pay does not need to be verified to proceed. The trial court erred when it granted summary judgment to . . .

Sep 10, 2010

Contract – Statute of Frauds – Oral Agreement – Breach of Contract – Unjust Enrichment

Thermal Design Inc. v. M&M Builders Inc. (Lawyers Weekly No. 10-07-0880, 19 pp.) (Robert N. Hunter, J.) Appealed from Guilford County Superior Court. (Catherine Eagles, J.) N.C. App. Holding:When a […]

May 5, 2010

Breach of Fiduciary Duty – Constructive Fraud – Civil Practice – Statute of Limitations – Attorneys – Unjust Enrichment

Capps v. Blondeau. N.C. Bus. Ct. Holding: Plaintiff's allegations of breach of fiduciary duty and constructive fraud so pervade all her claims that all her claims against the defendant-attorney and the defendant-stock broker are governed by the 10-year statute of limitations for constructive fraud.