REPORTED DECISIONS
In re Continental Commodities, Inc., 841 F.2d 527 (1988). Successfully represented defendant in a bankruptcy preference action overturning decisions by the bankruptcy court and the district court.
Bluefield Associates v. Rarco-Bluefield, 835 F.2d 873 (1987). Successfully represented shopping center developer in a lawsuit regarding interpretation of a purchase contract.
Shea Homes, LLC v. Old Republic Nat'l Title Ins. Co., 2007 U.S. Dist. LEXIS 81965 (W.D.N.C. 2007). Obtained summary judgment for a title insurance company against a property owner's claims that a survey endorsement to a title policy insured against the location and existence of waste burial pits.
National Life Ins. Co. v. ConAgra, Inc., 1994 U.S. Dist. LEXIS 21193 (W.D.N.C. 1994). Prevailed in litigation concerning enforceability of an automatic-renewal provision in a commercial lease.
Rea Constr. Co. v. City of Charlotte, 121 N.C. App. 369, 465 S.E.2d 342 (1996). In a case of first impression, obtained a ruling for the City of Charlotte that a municipality cannot have liability for unfair or deceptive acts or trade practices North Carolina General Statutes, Chapter 75.
Simpson v. City of Charlotte, 115 N.C. App. 51, 443 S.E.2d 772 (1994). Successfully represented quarry operator in a zoning dispute concerning vested rights.
Shelton v. Fairley, 86 N.C. App. 147, 356 S.E.2d 917 (1987). Successfully defended executor/attorney in suit brought by heirs.
Midulla v. Howard A. Cain Co., 133 N.C. App. 306, 515 S.E.2d 244 (1999). Obtained summary judgment for a client being sued for breach of a home-purchase contract.
Chase Manhattan Mortg. Corp. v. Rozell, 2002 N.C. App. LEXIS 2577 (2002). Concerned right to reform deed of trust to add the missing name of a property owner.
HOMEQ v. Watkins, 154 N.C. App. 731, 572 S.E.2d 871 (2002). Affirmed the granting of client's motion to dismiss claims of unjust enrichment and judicial foreclosure.
Covenant Equipment Corporation D/B/A Wholesale Fork Lifts V. Forklift Pro, Inc., Bucky W. Caldwell, Timothy Smith and William Carnie, 2008 NCBC 10, 2008 NCbC LEXIS 12 (Meck. Co. 2008). Prevailed on a motion to dismiss claims to enforce a covenant not to compete against defendant employee on the grounds that the covenant not to compete was invalid and against public policy.
Dorothy Wrenn Schieler v. James R. Campbell, 2006 N.C. App. LEXIS 851 (2006). Successfully obtained a judicial declaration for an easement by necessity over and across defendant's property.
Michael Gallis v. M&R Investors, a South Carolina General Partnership, 2004 N.C. App. LEXIS 2325 (2004). Successfully overturned a summary judgment order regarding the distribution of surplus proceeds from a foreclosure sale.
Weinbrenner Shoe Company, Inc. v. Gillis, 2006 N.C. App. LEXIS 878 (2006). Successfully obtained summary judgment against the defendants on a guaranty agreement establishing the defendants' liability to the plaintiff for payment of the outstanding debts.
Brown v. American Messenger Serv., 129 N.C. App. 207, 498 S.E. 2d 384 (1998). $2 million judgment obtained for client after letter from defendant that failed to respond to all claims was deemed an Answer to the Complaint.