Legal Opinion

Cohen v. McLawhorn

Court of Appeals of North Carolina

Decided December 21, 2010No. COA09-1578PublishedCited by 12 opinions

1Opinion of the Court

GEER, Judge.

Plaintiff Steven Cohen appeals from the trial court’s order dismissing this action pursuant to Rule 41(b) of the Rules of Civil Procedure after plaintiff failed to appear at trial and failed to take any other steps to prosecute the action. Plaintiff does not dispute that the trial court considered the factors set out in Wilder v. Wilder, 146 N.C. App. 574, 553 S.E.2d 425 (2001), but argues that the court’s conclusions of law as to those factors are not supported by the findings of fact.

Based on our review of the record, we hold that the trial court made sufficient findings based…

2Cases cited29 opinions

  1. Bounds v. SmithSupreme Court of the United States · 1977
  2. Renwick v. News & Observer Publishing Co.Supreme Court of North Carolina · 1984
  3. Crouse v. MineoCourt of Appeals of North Carolina · 2008
  4. Westminster Homes, Inc. v. Town of Cary Zoning Board of AdjustmentSupreme Court of North Carolina · 2001
  5. Harris v. MareadySupreme Court of North Carolina · 1984

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3Cited by12 opinions

  1. Lake Toxaway Community Association, Inc. v. RYF Enterprises, LLCCourt of Appeals of North Carolina · 2013
  2. Greenshields, Inc. v. Travelers Prop. Cas. Co. of Am.Court of Appeals of North Carolina · 2016
  3. Musselwhite v. CheshireCourt of Appeals of North Carolina · 2019
  4. HIEN NGUYEN v. TaylorCourt of Appeals of North Carolina · 2012
  5. Lewis v. RappCourt of Appeals of North Carolina · 2012

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

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