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   State Courts - North Carolina - March 21, 2006

  
Azalea Garden Bd. & Care, Inc. v. Blackwell & Assocs. Mgmt., NO. COA05-770, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Bald Head Ass'n v. Curnin, NO. COA05-639, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Buckland v. Hobbs, NO. COA05-698, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Chandley v. First Charter Bank, NO. COA05-873, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Credle v. Injection Tech., NO. COA05-922, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Efird v. Parsons, NO. COA05-879, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Ennis v. Henderson, NO. COA05-881, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Trial court did not have discretion to extend the time allotted to accept an offer of judgment pursuant to N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 68 (2005). Where defendants' offer of judgment was not accepted within 10 days, it was deemed withdrawn, despite a trial court order extending the time to respond to the offer.

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Evans v. Lochmere Rec. Club, NO. COA05-956, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Where owners sought injunction against neighbor for private nuisance after obtaining injunction against neighbor's predecessors for private nuisance, owners were entitled to seek second injunction. Owners, under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 65(d), could not enforce previous injunction, obtained against predecessors, against neighbor.

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Fariss v. Stroh Cos., NO. COA04-1457, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Harris v. Pinewood Dev. Corp., NO. COA05-606, COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: A preliminary injunction was erroneously granted to purchasers under N.C. Gen. Stat. § 1-485(2) (2003) in order to prevent a seller from transferring assets pending completion of post-judgment proceedings, as there was no failure of execution on the judgment under N.C. Gen. Stat. § 1-352 (2005) and no showing under N.C. Gen. Stat. § 1-355 (2005).

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