Beason v. N.C. Dep't of Sec'y of State, No. COA 12-838, 12-837 (N.C. Ct. App. 2013)
Apr 02, 2013
OUTCOME: Client prevailed
North Carolina Department of the Secretary of State appealed the trial court's order reversing and setting aside the civil fine assessment imposed against lobbyist Mark Beason. After careful review, Co...urt of Appeals affirmed the trial court's order.
Trusts
Turner v. Hammocks Beach Corp., No. COA 11-1420, 2012 N.C. App. LEXIS 1392 (N.C. Ct. App. 2012)
Dec 18, 2012
OUTCOME: Client prevailed
Where the North Carolina State Board of Education is judicially bound by admissions made in its answer and motion to dismiss, the trial court erred by appointing the North Carolina State Board of Educa...tion as successor trustee of the Trust property.
Real estate
Kirkland's Stores, Inc. v. Cleveland Gastonia, LLC, 733 S.E.2d 885 (N.C. Ct. App. 2012)
Jan 01, 2012
OUTCOME: Client prevailed
Plaintiff commercial tenant brought suit in Wake County against its landlord and a neighboring tenant for breach of lease and various business torts. The defendants moved for a change of venue pursuant... to G.S. 1-76, which provides that venue for actions for recovery of an interest in real property is the county in which the property is situated. The change of venue was denied, and the court of appeals affirmed, holding that because the claim “merely seeks interpretation and enforcement of the terms of a lease, as opposed to termination of the lease, [it] is transitory for venue purposes.” Therefore the action fell within G.S. 1-82, and was properly brought in the county in which the plaintiff resided.
In failing to summarily decide whether a valid agreement to arbitrate exists between the parties as required by section 1- 567.3 of our General Statutes, the trial court erred. Therefore, we reverse th...e order denying defendants' motion to compel arbitration and stay proceedings, and we remand this matter to the Superior Court with directions to proceed summarily to a determination of whether a valid arbitration agreement exists between the parties.