At a recent hearing in Asheville on motions for summary judgment Bill Cannon successfully defended a motion for summary judgment by two surety bond companies and obtained summary judgment in favor of the Town of Black Mountain and Buncombe County in the amount of $1,403,240.00. The bond companies had guaranteed completion of roads, sewer, storm drainage and sewer improvements for a subdivision in the event that the developer failed to do so. After the developer defaulted on its obligation, the bond companies refused to pay. They claimed that the statute of limitations had run on the bonds before suit was filed and that the bonds were terminated when the subdivision was annexed into the Town. Bill Cannon’s practice includes representation
Bill Cannon successfully defended a favorable decision entered by the North Carolina Court of Appeals after the North Carolina Supreme Court decided to review the decision of the Court of Appeals. In Glens of Ironduff Property Owners Association, Inc. v. Daly, a subdivision property owners association sued the developer for damage to a subdivision road. The trial court ruled in favor of our client, the developer, and the association appealed the decision to the North Carolina Court of Appeals. The Court of Appeals upheld the decision of the trial court and ruled in favor of the developer. The North Carolina Supreme Court granted the association’s Petition for Discretionary Review and ordered briefs to be submitted as well as counsel to
Robinson v. Smith, a case decided by the North Carolina Court of Appeals on March 20, 2012, addressed the relationship between rules 15, 20 and 21 of the North Carolina Rules of Civil Procedure. In Robinson, the plaintiffs amended their complaint to add additional defendants, and the defendants moved to dismiss the amended complaint, arguing that rules 20 and 21 required leave of court and notice before an amendment adding a party is permitted. The Court of Appeals held that rules 20 and 21 were not applicable in this case because the amendment under rule 15 took place before a responsive pleading had been filed.
In Albert v. Cowart, decided April 3, 2012, the North Carolina Court of Appeals reviewed a case in which a person using a power of attorney (the attorney in fact) had deposited funds into a joint bank account in the name of the attorney in fact and the person giving the power of attorney (the grantor). After the death of the grantor, the attorney in fact removed the money from the joint account. The administratrix of the grantor’s estate sued the attorney in fact, claiming that he had wrongfully transferred funds in breach of his fiduciary duty to the grantor. At trial, a jury found in favor of the attorney in fact and the administratrix appealed. The Court of Appeals
In Nguyen v. Taylor, COA 11-369, decided February 21, 2012, the North Carolina Court of Appeals reviewed a judgment entered after a bench trial awarding $15,000,000 in compensatory and punitive damages to plaintiff police officers with the Greensboro Police Department. The officers were filmed arresting one of the defendants and the video tape was edited heavily and distributed by the defendants and on U-Tube. The plaintiff police officers sued for defamation and invasion of privacy claiming that the editing unfairly depicted the arrest as an unlawful arrest. The Court of Appeals upheld the award of compensatory damages but remanded the punitive damages claim back to the trial judge to specifically determine whether they had been proven by the “clear and
In Livesay, v. Livesay, a North Carolina Court of Appeals case decided February 21, 2012, the Plaintiff failed to sign and verify his Complaint when it was filed. After service of the Complaint and Summons, Plaintiff’s lawyer realized the mistake, then signed and verified a duplicate copy of the Complaint, titled “Amendment to Complaint,” and filed it with the trial court. The trial judge dismissed the Complaint for lack of subject matter jurisdiction. However, the Court of Appeals reversed the trial court, relying upon a provision in Rule 11 of the North Carolina Rules of Civil Procedure permitting the signature to be added promptly after the admission is called to the attention of the party or attorney.