Arbitration – Waiver – Motion to Compel – Interlocutory Appeal – Substantial Right
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.
Bankruptcy – Attorney’s Fees – Notice – Proof of Claim – Waiver – Foreclosure
In Re: Saeed. (Lawyers Weekly 10-05-0944, 6 pp.) (Thomas W. Waldrep Jr., J.) M.B.N.C. Holding: Because it failed to mail a statement to the debtor that clearly and conspicuously explained […]
Trusts & Estates – Evidence – Rule 601(c) – Waiver – Summary Judgment
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.
Criminal Practice – Controlled Substances – Notice of Intent to Introduce Evidence – Waiver of Right to Counsel – Plain Error
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 […]
Landlord/Tenant – Tenant’s Breaches – Waiver – Minor Breaches – USDA Subsidy – Rent – First Impression
Woodridge Homes Ltd. Partnership v. Gregory. (Lawyers Weekly No. 10-07-0695, 24 pp.) (Sam Ervin IV, J.) Appealed from Gaston County District Court. (John K. Greenlee, J.) N.C. App. Holding: A […]
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