NC Court of Appeals
The recent North Carolina Court of Appeals decision in Weishaupt-Smith v. Town of Banner Elk represents North Carolina’s first appellate ruling interpreting Rule 38(b) of the North Carolina Rules of Appellate Procedure, which provides the second of three (3) categories in which substitution of a party to a dispute on appeal is permitted. Although this…
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The law distinguishes between typewritten wills, typically prepared by an attorney, and those which are handwritten by oneself. Handwritten wills, known as holographic wills, must meet the statutory requirements set forth by N.C Gen. Stat. S 31-3.4 (2015). These requirements include: (1) the will must be written entirely by hand by the testator; (2) must…
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When advising clients and drafting employment contracts with non-compete clauses, there are several things every lawyer should keep in mind. The general rule is courts will enforce non-compete clauses to the extent they are reasonably necessary to protect legitimate business interests.[1] In North Carolina, they must be (1) in writing…
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If your neighbor’s driveway runs over your property, is it a permissible to dig a large ditch over the drive if the ditch impedes your neighbor’s access to their own land? Easements for neighboring properties are often necessary to access one’s own land, particularly in rural parts of the country.…
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The duty of good faith and fair dealing is essentially the Golden Rule of Contract law and Business Law: treat others how you want to be treated, and you have a better chance of avoiding litigation. When parties run afoul of this duty, courts notice and hold them accountable. In…
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Last week the North Carolina Court of Appeals reversed the lower court’s decision allowing a case involving alcohol poisoning against a hotel and its staff to go forward.[1] Lisa Davis and her husband Thomas were celebrating their wedding anniversary at the Crown Plaza Resort in October of 2012. They had…
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Since before the establishment of the United States, governments have taken the land of private citizens. The issue was so fundamental to the founders of this country they wrote it into the Fifth Amendment of the Constitution which states, in part, “nor shall private property be taken for public use, without just compensation.” The issue…
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