Civil Procedure Cases
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Civil Procedure

North CarolinaCivil ProcedureCriminalEvidence
Court of Appeals of North Carolina
Uncategorized

Lofton — Ambiguous dismissal did not eliminate assault conviction before sentencing

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The Court of Appeals read the form and surrounding record as showing an effective dismissal only of the habitual-felon matter, not the jury’s assault verdict. The trial court had expressly held sentencing open, so it retained authority to enter judgment on the assault conviction. Evidence that Lofton took a route requiring him to jump a fence and discarded clothing while officers pursued him supported the flight inst

North CarolinaCivil ProcedureEmploymentPersonal Injury & Tort
Court of Appeals of North Carolina
Uncategorized

Saunders — Workers’ compensation lien order vacated because settlement was not yet unconditional

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In a per curiam opinion, the Court of Appeals followed binding precedent and held that the trial court lacked authority to distribute or eliminate the lien on the record presented. Arguments of counsel were not evidence of an unconditional agreement, and a condition precedent remained disputed. The panel vacated and remanded, explaining that the trial court may act under N.C. Gen. Stat. § 97-10.2(j) if evidence later

North CarolinaCivil ProcedureContract InterpretationLegal Ethics
Court of Appeals of North Carolina
Uncategorized

Limage — Rule 11 sanctions upheld for materially misleading contract quotation

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The Court of Appeals held that Rule 11 expressly permits a trial court to act on its own initiative and that courts also possess inherent authority to protect the integrity of proceedings. Reviewing the sanction decision de novo, the panel agreed that the complaint misrepresented the contract and that the discrepancy was material to the requested relief. The show-cause process supplied notice and an opportunity to re

North CarolinaBusiness LawCivil ProcedureJudgment Enforcement
Court of Appeals of North Carolina
Uncategorized

Joint Entities — Charging order could reach LLC interests but not cap the debtor’s salary

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The Court of Appeals separated the permissible collection devices from the overreach. Cobham could not assert another entity’s personal-jurisdiction defense, and a nonparty entity could not prosecute an appeal in its own name. North Carolina’s LLC charging-order statute allowed the court to charge Cobham’s economic interest in the entities, but it did not authorize a $2,500 monthly cap on salary. Salary paid for serv

North CarolinaCivil ProcedureConstitutionalFamily Law
Court of Appeals of North Carolina
Uncategorized

Brincefield — Court reverses refusal to reopen equitable-distribution judgment entered without proven notice

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The Court of Appeals held that the trial court abused its discretion by denying relief. The lower court relied on its belief that a continuance order would ordinarily have been mailed and on the absence of returned mail, but it did not examine proof showing that notice was actually sent. That assumption could not support a decision depriving a litigant of the opportunity to be heard. The panel distinguished cases in

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