Legal Opinion
In Re the Proposed Foreclosure of Claim of Lien Filed Against Johnson
Court of Appeals of North Carolina
Decided June 21, 2011No. COA COA10-703PublishedCited by 3 opinions
1Opinion of the Court
CALABRIA, Judge.
Starboard Association, Inc. (“petitioner”), appeals the trial court’s order dismissing petitioner’s foreclosure of claim of lien pursuant to N.C. Gen. Stat. § 1A-1, Rule 41 (2009) (“Rule 41”). Petitioner also appeals the order awarding attorney’s fees in the amount of $19,780.83 to Donna N. Johnson, Jeffrey J. Johnson, Gary Proffit and Jo Proffit (collectively, “respondents”). We vacate and remand.
I. BACKGROUND
On 18 June 1981, petitioner filed Articles of Incorporation (“the Articles”) with the North Carolina Secretary of State for the purpose of administering the operation…
2Cases cited14 opinions
- Brooks v. GieseySupreme Court of North Carolina · 1993
- Brooks v. GieseyCourt of Appeals of North Carolina · 1992
- Riley v. Ken Wilson Ford, Inc.Court of Appeals of North Carolina · 1993
- Grassy Creek Neighborhood Alliance, Inc. v. City of Winston-SalemCourt of Appeals of North Carolina · 2001
- Miles v. Carolina Forest Ass'nCourt of Appeals of North Carolina · 2004
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3Cited by3 opinions
- In re the Proposed Foreclosure of Claim of LienSupreme Court of North Carolina · 2012
- Johnson v. Starboard Ass'n, Inc.Court of Appeals of North Carolina · 2016
- In Re the Proposed Foreclosure of Claim of Lien Filed Against JohnsonCourt of Appeals of North Carolina · 2011