North Carolina Estoppel Law
In the Matter of: A.D.H.
<h2><br> Beaufort, North Carolina family law child custody Lawyer represented the Defendants.<br> </h2><br> <br> A.D.H. ("Alice")[1] was born to Father and respondent-mother ("Mother") in 2013. In February 2021, Mother filed a complaint in Carteret County District Court seeking custody of Alice. On or about 9 March 2021, the trial court entered a temporary custody order granting Mother and Father ... More...
$0 (09-03-2024 - NC)Jeanne T. Bartels v. Saber Healthcare Group, LLC
Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthca... More...
$0 (01-24-2018 - NC)Luanna Scott v. Family Dollar Stores, Inc.
In this sex discrimination and equal pay action filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and Section 216(b) of the Equal Pay Act of 1963, 29 U.S.C. § 206(d), Appellants appeal the district court's grant of Family Dollar Stores, Inc.'s ("Family Dollarâ€) motion to dismiss and/or strike class claims under Federal Rules of Civil Procedure 12(c), 12(f)... More...
$0 (10-16-2013 - NC)North Carolina Farm Bureau Mutual Insurance Company, Inc. v. Gervis E. Sadler
This case presents the question of whether partial summary judgment was properly granted on defendant's breach of contract counterclaim after an appraisal determined the amount of loss.<br><br>Gervis Sadler (Sadler), along with his wife Evelyn, formerly lived in a house in Swan Quarter, North Carolina. The house was constructed in 1946 and has been modified over the years. Sadler insured the prope... More...
$0 (06-16-2011 - NC)Anthony Robinson v. Bridgestone/Firestone North American Tire, L.L.C.
Plaintiffs Anthony Robinson; his wife, Edith Robinson; and Ms. Robinson's daughters, Calizza Whitaker and Shondretta Whitaker, appeal from the trial court's grant of summary judgment to defendants Bridgestone/Firestone North American Tire, L.L.C. ("Firestone"), Littleton Service Center ("Littleton"), and Luther Alston based on the court's determination that plaintiffs' products liability claims ar... More...
$0 (01-18-2011 - NC)James W. Powell, Jr. v. City of Newton
In this case we consider whether a settlement agreement reached between the parties in open court and orally ratified by those parties before the judge, but never memorialized by a signed writing, is unenforceable as a violation of the statute of frauds. N.C.G.S. § 22-2 (2009). Because successful invocation of the statute of frauds would allow plaintiff to evade a contractual obligation that he... More...
$0 (12-20-2010 - NC)John Bauer v. Douglas Aquatics, Inc.
Defendant Douglas Aquatics, Inc. (Appellant) appeals the trial court's order denying its motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) of the North Carolina Rules of Civil Procedure. Because Appellant raises the sole question of whether the exercise of personal jurisdiction over it by the North Carolina courts comports with due process and we conclude that it does, we aff... More...
$0 (09-14-2010 - NC)James W. Powell, Jr. v. City of Newton
James W. Powell, Jr. ("plaintiffâ€) appeals the 27 May 2008 order requiring him to execute a settlement agreement and quitclaim deed. Defendant City of Newton ("the cityâ€), third-party defendant Shaver Wood Products, Inc. ("Shaverâ€), and third-party defendant W.K. Dickson Engineering, Inc. ("Dicksonâ€) (collectively "defendantsâ€) appeal the 19 August 2008 order denying ... More...
$0 (10-20-2009 - NC)Moss Creek Homeowners Association, Inc. v. Ted L. Bissette, et al.
Ted and Mary Bissette (the "Bissettesâ€) appeal from orders: (1) granting plaintiffs' and third-party defendants' summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys' fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.<br> <br> FACTS<br> <br> Moss Creek is a single-family residential dev... More...
$0 (10-20-2009 - NC)Town of Pinebluff v. William A. Marts and Sandra Marts
Defendants William A. and Sandra Marts appeal from the trial court's order granting summary judgment to the Town of Pinebluff and issuing an injunction requiring the Marts to comply with the Town's zoning ordinance and maintain a mini-park and open space in a subdivision they developed. The bulk of the Marts' arguments on appeal constitute a collateral attack on the zoning ordinance and, therefor... More...
$0 (03-17-2009 - NC)Hospira, Inc. v. Alphagary Corporation
Plaintiff Hospira Incorporated (See footnote 1) appeals from summary judgment granted in favor of Defendant AlphaGary Corporation on Hospira 's claims for fraud, negligent misrepresentation, violations of the Unfair and Deceptive Trade Practices Act , and third party beneficiary breach of contract. Hospira also appeals from the 16 February 2006 order dismissing its negligence claim and from th... More...
$0 (01-09-2009 - NC)<a href="http://www.aoc.state.nc.us/www/public/sc/opinions/2005/075-05-1.htm" target="_new">Reginal Newberne v. Department of Crime Control and Public Safety, etc.</a>
<P>On 9 April 2002, plaintiff Trooper Reginald Newberne filed suit against the named institutional and individual defendants, alleging that he was wrongfully terminated from his employment as a law enforcement officer with the State Highway Patrol in violation of the North Carolina Whistleblower Act, N.C.G.S. § 126-84 to -88. Defendants filed a motion to dismiss pursuant to Rule 12(b)(6) of the N... More...
$0 (09-30-2005 - NC)<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/031674.P.pdf" target="_new">Studio Frames, Ltd. d/b/a Somerhille Gallery v. The Standard Fire Insurance Company</a>
<P>Appellant, Studio Frames Ltd., d/b/a Somerhill Gallery, is a fine art gallery located in the Eastgate Shopping Center in Chapel Hill, North Carolina. Studio Frames leases its gallery location from the owner of the shopping center, but has made improvements to the space, known as "leasehold improvements," to make it suitable for use as an art gallery. In October 1996, as a condition of an e... More...
$0 (05-26-2004 - NC)<a href=" http://www.aoc.state.nc.us/www/public/html/opinions.htm" target="_new">Electronic World, Inc. v. Rickey J. Barefoot, Katherine Barefoot, Mike Chandler and Tommy Chandler</a>
<p>Electronic World, Inc. (hereinafter "plaintiff") appeals from summary judgment granted by the trial court in favor of Rickey Barefoot, Katherine Barefoot, Mike Chandler, and Tommy Chandler (hereinafter collectively, "defendants"). For the reasons stated herein, we reverse the judgment and remand this case to the trial court. <p> An examination of the pleadings, exhibits, and depositions file... More...
$0 (10-15-2002 - NC)<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/010880-1.htm" target="_new">Boyce & Isley, PLLC, et al. v. Roy A. Cooper, III, et al.</a>
The law firm of Boyce & Isley, PLLC, and its member attorneys G. Eugene Boyce, R. Daniel Boyce, Philip R. Isley and Laura B. Isley (collectively, "plaintiffs") appeal from an order of the trial court dismissing plaintiffs' complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. For the reasons set forth herein, we reverse in part the order of the trialcourt. <P> Th... More...
$0 (10-07-2002 - NC)<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/010620-1.htm" target"_new">Offiss, Inc. v. First Union Nat'l Bank</a>.
Plaintiff Offiss, Inc. (Offiss) initiated this action on 1 October 1999 against defendant First Union National Bank (First Union) asserting claims for conversion, breach of fiduciary duty, negligence, breach of contract, and unfair and deceptive tradepractices. (See footnote 1) First Union answered denying liability and asserting affirmative defenses of waiver, estoppel, and laches. First Union a... More...
$0 (05-21-2002 - NC)<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000806-1.htm" target="_new">Carol Scarvey v. First Federal Savins and Loa Association of Charlotte</a>
This case concerns efforts by plaintiff Carol Scarvey (Scarvey) and intervenors Charlotte T. and Charles E. Curry (the Currys) (collectively, appellants) to recover money allegedly owed them by First Federal Savings and Loan Association of Charlotte (defendant) following appellants' purchases of unimproved lots through installment sales contracts and appellants' subsequent defaults on their paymen... More...
$0 (09-04-2001 - NC)<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=991861.U" target="_new">Robert Lopriore, III v. Raleigh Cardiovascular and Thoracic, Inc., et al.</a>
Raleigh C & T is a corporation located in Raleigh, Wake County, North Carolina. Drs. Davis and Chaudhry started practicing medicine at Raleigh C & T in 1982, and Dr. Alexander joined the practice from 1991 to 1994. Raleigh C & T sponsored two self-funded employee benefit plans, the money purchase pension fund and the profit sharing pension fund. The plans were amended and restated in 1986, Au... More...
$0 (02-08-2002 - NC)<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000717-1.htm" target="_new">Sharon Creech, et al. v. Evelyn H. Melnick, M.D.</a>
Previously, our courts discussed the facts of this case in Creech v. Melnik, 347 N.C. 520, 495 S.E.2d 907, (1998) (Creech II); Creech v. Melnik, 124 N.C. App. 502, 477 S.E.2d 680 (1996) (Creech I). In brief, Sharon and Travis Creech, in their capacities as guardians ad litem, brought a medical malpractice action against Dr. Evelyn H. Melnik, M.D., alleging that she provided negligent birthing tre... More...
$0 (12-04-2001 - NC)