Legal Opinion · Dissent

In Re Matter of Ackah

Court of Appeals of North Carolina

Decided September 5, 2017No. COA16-829Published

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

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. Town of Cary v. StallingsCourt of Appeals of North Carolina · 1990
  3. State v. MostafaviCourt of Appeals of North Carolina · 2017

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