Legal Opinion · Dissent

Willis v. Willis

Court of Appeals of North Carolina

Decided September 20, 2011No. COA10-1338Published

1DissentCalabria, Judge

The majority improperly affirms the trial court’s order on a directed verdict on the basis of a ground that was not asserted in defendants’ motion to the court. Moreover, the majority incorrectly relies upon cases which do not involve the conveyance of gift deeds or the issue of unilateral mistake. Finally, the majority misapplies the standard of review for a directed verdict motion by failing to disregard conflicts in the evidence which were unfavorable to plaintiff. Since I believe Janice Willis (“Ms. Willis”) provided more than a scintilla of evidence that her deed to Edward Carroll Willis…

2Cases cited13 opinions

  1. Mims v. MimsSupreme Court of North Carolina · 1982
  2. Norman Owen Trucking, Inc. v. MorkoskiCourt of Appeals of North Carolina · 1998
  3. Freese v. SmithCourt of Appeals of North Carolina · 1993
  4. Edwards v. WestCourt of Appeals of North Carolina · 1998
  5. Farndale Co., LLC v. GibelliniCourt of Appeals of North Carolina · 2006

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