Legal Opinion

Adams v. Bank United of Texas, FSB

Court of Appeals of North Carolina

Decided December 21, 2004No. COA03-1423PublishedCited by 10 opinions

1Opinion of the Court

HUNTER, Judge.

Plaintiff, Brenton D. Adams (“Adams”), presents the following four issues for our consideration: Whether the trial court erroneously (1) placed the burden of proof upon Adams, the nonmovant, by requiring Adams to prove his compliance with the requirements of N.C. Gen. Stat. § 1A-1, Rule 11; (2) utilized a preponderance of the evidence quantum of proof instead of a clear and convincing evidence quantum of proof; (3) imposed Rule 11 sanctions against Adams for failing to conduct a reasonable inquiry into the law and the facts regarding the claims set out in the complaint or…

2Cases cited19 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Turner v. Duke UniversitySupreme Court of North Carolina · 1989
  3. In Re Inquiry Concerning Judge NowellSupreme Court of North Carolina · 1977
  4. Bryson v. SullivanSupreme Court of North Carolina · 1992
  5. In Re PennicaSupreme Court of New Jersey · 1962

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3Cited by10 opinions

  1. Durham Hosiery Mill Ltd. Partnership v. MorrisCourt of Appeals of North Carolina · 2011
  2. Kohler Co., Inc. v. McIvorCourt of Appeals of North Carolina · 2006
  3. COVENTRY WOODS NEIGHBORHOOD ASSOCIATION INC. v. City of CharlotteCourt of Appeals of North Carolina · 2011
  4. Grubbs v. GrubbsCourt of Appeals of North Carolina · 2017
  5. Ford v. JurgensNorth Carolina Business Court · 2022

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