Friday Invs., LLC v. Bally Total Fitness of the Mid-Atlantic, Inc.
Supreme Court of North Carolina
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
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Turner v. Duke UniversitySupreme Court of North Carolina · 1989
- State v. AlstonSupreme Court of North Carolina · 1983
- State v. RiddickSupreme Court of North Carolina · 1986
- In Re the Investigation of the Death of MillerSupreme Court of North Carolina · 2003
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3Cited by18 opinions
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