Legal Opinion

Henderson v. Herman

Court of Appeals of North Carolina

Decided November 5, 1991No. 9015SC1332PublishedCited by 13 opinions

1Opinion of the Court

LEWIS, Judge.

The issue before this Court is whether one superior court judge can lift a stay granted by another superior court judge on a case which had been referred to arbitration by consent order and “discontinued.”

Plaintiff-appellee, Timothy Henderson, was a shareholder, an officer, and a director of both defendant corporations, Triad Airways, Inc. (now Triad Aviation, Inc.) and H & H Propeller Service, Inc. On 10 August 1984, Henderson sold his interest in both defend ant corporations to the respective corporations. The sales contract had an arbitration clause which read:

In the event of…

2Cases cited2 opinions

  1. Adams v. NelsenSupreme Court of North Carolina · 1985
  2. Sims v. Ritter Construction, Inc.Court of Appeals of North Carolina · 1983

3Cited by13 opinions

  1. Internet East, Inc. v. Duro Communications, Inc.Court of Appeals of North Carolina · 2001
  2. Palmer v. Duke Power Co.Court of Appeals of North Carolina · 1998
  3. Barnhouse v. American Express Financial Advisors, Inc.Court of Appeals of North Carolina · 2002
  4. Miller v. Two State Const. Co., Inc.Court of Appeals of North Carolina · 1995
  5. Eddings v. Southern Orthopaedic & Musculoskeletal Associates, P.A.Court of Appeals of North Carolina · 2004

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