HUDSON , Justice . Defendant, the City of Charlotte, appealed the opinion and award of the North Carolina Industrial Commission awarding plaintiff, David Easter-Rozzelle, benefits arising out of a 29 June 2009 automobile accident. Easter-Rozzelle v. City of Charlotte, ___ N.C. App. ___, 780 S.E.2d 244 (2015). On appeal, the Court of Appeals reversed, holding that because plaintiff had elected to settle his personal injury claim against the third-party tortfeasor without the consent of...
NEWBY , Justice . North Carolina law has long recognized the principle that a party must timely bring an action upon discovery of an injury to avoid dismissal of the claim. Statutes of limitations require the pursuit of claims to occur within a certain period after discovery, thereby striking the balance between one's right to assert a claim and another's right to be free from a stale claim. Here plaintiff's action arises from an unfulfilled business agreement. Plaintiff's complaint reveals,...
ORDER The following order has been entered on the motion filed on the 6th of November 2017 by Petitioner for Temporary Stay: "Motion Denied by order of the Court in conference, this the 7th of November 2017." Upon consideration of the petition filed by Petitioner on the 6th of November 2017 for Writ of Supersedeas of the judgment of the Business Court (Wake County), the following order was entered and is hereby certified to the Business Court (Wake County): "Denied by order of the Court in...
ORDER Upon consideration of the conditional petition filed on the 2nd of October 2017 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 1st of November 2017." The following order has been entered on the motion filed on the 18th of October 2017 by Plaintiffs to...
ORDER Upon consideration of the petition filed on the 9th of August 2017 by Defendant (Pamela Sue O'Neal, individually and as Trustee) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 28th of September 2017."
The following order has been entered on the motion filed on the 5th of October 2017 by Defendant for Temporary Stay: "Motion Dismissed without prejudice by order of the Court in conference, this the 6th of October 2017."
ORDER On 30 May 2017, the Supreme Court of the United States granted certiorari and vacated and remanded this Court's judgment in Dickson v. Rucho, 368 N.C. 481, 781 S.E.2d 404 (2015), modified, 368 N.C. 673, 789 S.E.2d 436 (2016). Dickson v. Rucho, ___ U.S. ___, 137 S.Ct. 2186 , 198 L.Ed.2d 252 (2017) (per curiam). The Supreme Court's instruction to this Court is to review Dickson "for further consideration in light of Cooper v. Harris, 581 U.S. ___, 137 S.Ct. 1455 , ___, 197 L.Ed2d 837...
ORDER On 30 May 2017, the Supreme Court of the United States indicated that in the instant case, the Supreme Court granted certiorari, vacated the judgment of this Court, and remanded the matter for further consideration in light of Cooper v. Harris, 581 U.S. ___ (2017). On 3 July 2017, the Supreme Court of the United States emailed to this Court a certified copy of the mandate and a certified copy of the judgment in the instant case. Pursuant to the mandate of the Supreme Court of the...
ORDER Upon consideration of the petition filed on the 3rd of February 2017 by Defendant (The Arlington Condominium Owners Association, Inc.) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 8th of June 2017."
ORDER Upon consideration of the petition filed on the 3rd of February 2017 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 3rd of May 2017." Morgan, J. recused
ORDER Upon consideration of the petition filed by Plaintiff on the 26th of September 2016 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 3rd of May 2017." The following order has been entered on the motion filed on the 14th of October 2016 by Plaintiff to Treat Petition for Writ of...
The following order has been entered on the motion filed on the 25th of October 2016 by Defendant to File Supplemental Response to Petition: "Motion Denied by order of the Court in conference, this the 3rd of May 2017."
The following order has been entered on the motion filed on the 22nd of March 2017 by Plaintiff for Leave to Withdraw Response to Petition for Discretionary Review and Motion for Sanctions: "Motion Allowed by order of the Court in conference, this the 3rd of May 2017."
The following order has been entered on the motion filed on the 21st of August 2015 by Defendant for Issuance of Stay: "Motion Dismissed as moot by order of the Court in conference, this the 3rd of May 2017."
The following order has been entered on the motion filed on the 22nd of March 2017 by Defendant to Withdraw Petition for Discretionary Review: "Motion Allowed by order of the Court in conference, this the 3rd of May 2017."
ORDER Upon consideration of the petition filed on the 10th of January 2017 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 3rd of May 2017."
ORDER Upon consideration of the petition filed by Appellant on the 7th of February 2017 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 16th of March 2017."
ORDER Upon consideration of the petition filed on the 9th of February 2016 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 16th of March 2017."
ORDER Upon consideration of the petition filed on the 6th of December 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Withdrawn by order of the Court in conference, this the 16th of March 2017." The following order has been entered on the motion filed on the 6th of February 2017 by Defendant for Leave to...
PER CURIAM . DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
