Legal Opinion

Cunningham v. Sams

Court of Appeals of North Carolina

Decided December 21, 2004No. COA03-1719Published

1Opinion of the Court

WYNN, Judge.

Defendant appeals a default judgment entered 29 July 2003 after the trial court struck her Answer and Counterclaim and all other pleadings as sanctions for failure to comply with a discovery order and failure to appear at a show cause hearing. For the reasons stated herein, we affirm.

The plaintiff-attorneys in this case, J. Calvin Cunningham and Lori Watson Berger, represented Cynthia Sams (now O'Malley) in a domestic action that ultimately was resolved under the representation of Ms. Sams's current attorney, William J. O'Malley. The matter arose when Mr. Cunningham and Ms. Berger…

2Cases cited8 opinions

  1. Brooks v. GieseySupreme Court of North Carolina · 1993
  2. Frost v. Mazda Motor of America, Inc.Supreme Court of North Carolina · 2000
  3. Hursey v. Homes by Design, Inc.Court of Appeals of North Carolina · 1995
  4. Goss v. BattleCourt of Appeals of North Carolina · 1993
  5. Brooks v. GieseyCourt of Appeals of North Carolina · 1992

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