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Tag Archives: waiver

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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Trusts & Estates – Evidence – Rule 601(c) – Waiver – Summary Judgment (access required)

Weeks v. Jackson. Because an executor did not seek to elicit evidence of oral communications between the defendants and decedent, and therefore did not waive the protection afforded by N.C. R. Evid. 601(c), the trial court properly granted the executor's motions to strike the defendants' affidavit and granted summary judgment in favor of the plaintiff.

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Criminal Practice – Controlled Substances – Notice of Intent to Introduce Evidence – Waiver of Right to Counsel – Plain Error (access required)

  State v. Blackwell. (Lawyers Weekly No. 10-07-0918, 7 pp.) (Donna S. Stroud, J.) Appealed from Person County Superior Court (Donald W. Stephens, J.) N.C. App. Holding: When a defendant is not represented by counsel and the state fails to ...

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