Higgins v. Patton

GREENE, Judge.

Kenneth Higgins (plaintiff) appeals the trial court’s order filed 4 May 1990 granting the defendants’ N.C.G.S. § 1A-1, Rule 11 motion for sanctions against the plaintiff.

In January of 1989, Charles and Joy Higgins received a judgment in the Buncombe County Superior Court under which they were granted an easement by implication across land owned by Charles’ brother, who is the plaintiff, and the plaintiff’s wife. According to the judgment, the easement was to run “over and across the presently located road right-of-way” on the plaintiff’s land. Furthermore, Charles and Joy…