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   State Courts - North Carolina - January 3, 2006

  
Addison v. Ferrell, NO. COA05-221, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Am. Gen. Fin. Servs. v. Barnes, NO. COA05-478, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Overview: A judgment creditor was properly granted summary judgment under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 56(c) (2003) where the note holder sought equitable subrogation of the creditor's judgment to the holder's lien. The creditor did not cause the holder's inferior lien position, which resulted from the holder's improper title search.

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Atl. Coast Mech., Inc. v. Arcadis, Geraghty & Miller of N.C., Inc., NO. COA04-1533, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Overview: Trial court erred in holding that withdrawal of the general contractor's appeal from the order dismissing its claims against the manufacturer became a final judgment and the law of the case; there was no waiver to the right to appeal by foregoing an interlocutory appeal since the appeal was permissive rather than mandatory, N.C. Gen. Stat. § 1-277.

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Blake v. Mills, NO. COA05-75, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Bost v. Bost, NO. COA05-360, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Capital Factors, Inc. v. Davis, NO. COA04-1186, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Carillon Assisted Living, L.L.C. v. N.C. HHS, NO. COA05-135, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Overview: Where settlement agreement between North Carolina Department of Health and Human Services and applicant allowed applicant to develop its assisted living facilities without obtaining exemption from moratorium on such facilities, applicant was not bound by 2001 N.C. Sess. Laws 234, which imposed deadlines on those who had obtained exemptions.

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City of Wash. v. Moore, NO. COA04-1423, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Etter v. Pigg, NO. COA05-626, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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Gokal v. Patel, NO. COA05-616, COURT OF APPEALS OF NORTH CAROLINA, January 3, 2006, Filed
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