Legal Opinion · Dissent

Mayo v. North Carolina State University

Court of Appeals of North Carolina

Decided February 15, 2005No. COA04-240Published

1DissentHunter, Judge

I respectfully dissent from the majority opinion, as the terms of the employment agreement were sufficient to permit collection of the *511overpayment found by both the trial court and the administrative law judge. Having so concluded, I would reverse the portion of the trial court’s order that estopped respondent from collection of the overpayment, and affirm the portion of the order allowing respondent to retain funds already collected towards the debt.

Petitioner alleges, and the majority agrees, that respondent is prevented from collecting the overpayment in salary made in July and August of…

2Cases cited7 opinions

  1. Leete v. County of WarrenSupreme Court of North Carolina · 1995
  2. Capital Outdoor, Inc. v. Guilford County Board of AdjustmentCourt of Appeals of North Carolina · 2002
  3. State Ex Rel. Easley v. Rich Food Services, Inc.Court of Appeals of North Carolina · 2000
  4. Humphrey v. HillCourt of Appeals of North Carolina · 1982
  5. United States Fidelity and Guaranty Co. v. ReaganSupreme Court of North Carolina · 1961

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