HUDSON , Justice . Here we are asked to decide whether a medical malpractice plaintiff may amend a timely filed complaint to cure a defective Rule 9(j) certification after the statute of limitations has run, when the expert review required by Rule 9(j) occurred before the filing of the original complaint. The Court of Appeals concluded that Rule 9(j) does not permit a plaintiff to amend in these circumstances and affirmed the trial court's dismissal of plaintiff's medical malpractice...
MORGAN , Justice . This appeal arises from proceedings instituted by the State Board of Education (the Board) seeking a declaratory ruling that laws requiring the Board to submit the rules and regulations it proposes to a statutorily created committee for review and approval are unconstitutional. We determine that the General Assembly lawfully delegated authority to the Rules Review Commission (the Commission) to review rules adopted by the Board. Therefore, we affirm the opinion of the...
ERVIN , Justice . The issues before us in this case involve when the claims that plaintiffs Quality Built Homes Incorporated and Stafford Land Company, Inc., have asserted against defendant Town of Carthage accrued and whether plaintiffs' claims are barred by the one-, two-, -three-, or ten-year statute of limitations and the doctrine of estoppel by the acceptance of benefits. After careful review of the claims asserted against the Town in plaintiffs' complaint and the applicable law, we...
NEWBY , Justice . In this case we decide whether the appointment of a guardian ad litem on behalf of a minor removes the disability of minority and starts the running of the statute of limitations. As a minor's legal representative with the authority and directive to act, a guardian ad litem advocates for the legal rights of the minor in the minor's stead. The trial court's appointment of a guardian ad litem on behalf of a minor therefore removes that minor's disability of minority...
ERVIN , Justice . On 8 November 2016, plaintiff Roy A. Cooper, III, was elected Governor of the State of North Carolina for a four-year term office commencing on 1 January 2017. On 16 December, 2016, the General Assembly enacted Senate Bill 4 and House Bill 17, which abolished the existing State Board of Elections and the existing State Ethics Commission; created a new Bipartisan State Board of Elections and Ethics Enforcement; and appointed the existing members of the State Ethics...
The following order has been entered on the motion tiled on the 28th of November 2018 by State of NC for Temporary Stay: "Motion Allowed by order of the Court in conference, this the 28th of November 2018."
The following order has been entered on the motion filed on the 19th of October 2018 by Plaintiff to Reconsider and Vacate Order Allowing Temporary Stay: "Motion Denied by order of the Court in conference, this the 22nd of October 2018."
ORDER The following order has been entered on the motion filed on the 2nd of November 2018 by Plaintiff for Temporary Stay: "Motion Denied by order of the Court in conference, this the 5th of November 2018." Upon consideration of the petition filed by Plaintiff on the 2nd of November 2018 for Writ of Supersedeas of the judgment of the 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,...
The following order has been entered on the motion filed on the 14th of June 2018 by Defendant (Kevin W. Stephenson) to Dismiss Appeal: "Motion Dismissed as moot by order of the Court in conference, this the 20th of September 2018."
The following order has been entered on the motion filed on the 15th of June 2018 by Plaintiffs (Claudia Holcombe, Tom Pelton, and Dos Ayes, LLC) to Dismiss Appeal: "Motion Dismissed as moot by order of the Court in conference, this the 20th of September 2018."
The following order has been entered on the motion filed on the 11th of May 2018 by Plaintiffs: "Motion Denied by order of the Court in conference, this the 20th of September 2018."
ORDER Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendants (717, NC, LLC, Brian Keesee, and Dick J. Thompson) on the 4th of June 2018 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is "Dismissed Ex Mero Motu by order of the Court in conference, this the 20th of September 2018." Upon...
The following order has been entered on the motion filed on the 15th of June 2018 by Plaintiffs (Claudia Holcombe, Tom Pelton, and Dos Ayes, LLC) for Sanctions: "Motion Denied by order of the Court in conference, this the 20th of September 2018."
The following order has been entered on the motion filed on the 16th of February 2018 by Plaintiffs to Amend Petition for Discretionary Review: "Motion Allowed by order of the Court in conference, this the 14th of August 2018."
ORDER Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 8th of May 2018 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is "Dismissed Ex Mero Motu by order of the Court in conference, this the 14th of August 2018." Upon consideration of the petition filed on the 8th of May 2018 by...
ORDER Upon consideration of the petition filed on the 23rd of January 2018 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 14th of August 2018."
ORDER Upon consideration of the petition filed on the 20th of February 2018 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 14th of August 2018."
ORDER Upon consideration of the petition filed by State of NC on the 14th of December 2017 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 9th of May 2018." Upon consideration of the petition filed on the 11th of January 2018 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of...
ORDER Upon consideration of the petition filed on the 13th of March 2018 by Petitioner 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 7th of June 2018."
