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waiver

Nov 9, 2010

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.

Sep 30, 2010

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 […]

Sep 22, 2010

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.

Sep 22, 2010

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 […]

Jul 25, 2010

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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