Legal Opinion

Hill v. Hill

Court of Appeals of North Carolina

Decided January 2, 2007No. COA06-331PublishedCited by 4 opinions

1Opinion of the Court

GEER, Judge.

Plaintiff Thomas W. Hill appeals from two orders of the superior court, the first denying his request for a jury trial on his motion for sanctions under N.C.R. Civ. P. 11, and the second denying his motions for sanctions, attorney’s fees, and costs. We conclude that there is no constitutional entitlement to a jury trial on the factual issues underlying a Rule 11 motion for sanctions. Further, because our review of the proceedings below reveals no evidence that could support the entry of such sanctions, we uphold the trial court’s denial of plaintiff’s Rule 11 motion. Finally,…

2Cases cited21 opinions

  1. Turner v. Duke UniversitySupreme Court of North Carolina · 1989
  2. Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
  3. Bryson v. SullivanSupreme Court of North Carolina · 1992
  4. State v. HunterSupreme Court of North Carolina · 1976
  5. Brisson v. Kathy A. Santoriello, M.D., P.A.Supreme Court of North Carolina · 2000

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3Cited by4 opinions

  1. Kornegay v. Aspen Asset Group, LLCCourt of Appeals of North Carolina · 2010
  2. Dalenko v. CollierCourt of Appeals of North Carolina · 2008
  3. Hill v. HillSupreme Court of North Carolina · 2007
  4. Hill v. HillSupreme Court of North Carolina · 2007

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