Legal Opinion

Friday Invs., LLC v. Bally Total Fitness of the Mid-Atlantic, Inc.

Supreme Court of North Carolina

Decided November 3, 2017No. 248PA16PublishedCited by 18 opinions

1Opinion of the Court

NEWBY, Justice.

**236 In this case we consider whether an attorney-client relationship exists between defendants and a non-party that contractually agreed to indemnify defendants. Recognizing its tripartite nature, we conclude that the contractual duty to defend and indemnify gives rise to an attorney-client relationship. Nonetheless, because defendants failed to request that the trial court provide written findings of fact and did not present in a timely manner the documents at issue for appellate review, we must presume the trial court found facts sufficient to support its conclusion. Given…

2Cases cited21 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Turner v. Duke UniversitySupreme Court of North Carolina · 1989
  3. State v. AlstonSupreme Court of North Carolina · 1983
  4. State v. RiddickSupreme Court of North Carolina · 1986
  5. In Re the Investigation of the Death of MillerSupreme Court of North Carolina · 2003

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3Cited by18 opinions

  1. Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc.North Carolina Business Court · 2019
  2. Taylor v. PerniCourt of Appeals of North Carolina · 2019
  3. Baumel v. BarberDistrict Court, W.D. North Carolina · 2023
  4. Chisum v. CampagnaSupreme Court of North Carolina · 2021
  5. Chisum v. CampagnaSupreme Court of North Carolina · 2021

13 more not listed; retrieve them via the Exa API.

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