In Re Matter of Ackah
Court of Appeals of North Carolina
1DissentMurphy, Judge
I agree with the Majority in so far as it holds that the HOA failed to provide Ackah with sufficient notice under Rule 4 of the North Carolina Rules of Civil Procedure of its intent to enforce its statutory lien against the Property. However, I disagree with the Majority's holding that N.C.G.S. § 1-108 (2015) barred the trial court from granting Ackah any relief that affected Jones Family's title in the Property, and therefore I respectfully dissent.
Jones Family maintains that the trial court lacked jurisdiction to enter its 30 December 2015 Order setting aside the foreclosure sale and…
2Cases cited3 opinions
- In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
- Town of Cary v. StallingsCourt of Appeals of North Carolina · 1990
- State v. MostafaviCourt of Appeals of North Carolina · 2017