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Zaliagiris v. Zaliagiris, 164 N.C. App. 602

Case Conclusion Date: 01.01.2004

Practice Area: Family

Outcome: Client's rights were vindicated on appeal.

Description: Attorney Eric Trosch as well as cocounsel participated in the hearing to have the prior judgment of the court vacated or amended. At the trial the judge was convinced not to require payment of attorney fees for an expert not under subpoena, but the judge instead sua sponte issued rule 11 sanctions against the defendant without notice or due process. Despite legal arguments to the contrary by Mr. Trosch, the judge proceed with the Rule 11 hearing. The legal arguments made by Mr. Trosch were later mentioned by the Court of Appeals, who overturned the trial court.

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