Legal Opinion

Binkley v. Binkley

Court of Appeals of North Carolina

Decided May 2, 2017No. COA16-846Published

1Opinion of the Court

INMAN, Judge.

A plaintiff seeking to set aside a conveyance based upon her claim that she was unduly influenced while suffering from severe depression and attention deficit disorder, but who refuses to provide substantive responses to discovery requests regarding her mental condition at the time of the conveyance, cannot raise a genuine issue of material fact in dispute regarding her alleged mental vulnerability to undue influence.

Stephanie Denise Hopkins Binkley ("Plaintiff") appeals from an order granting summary judgment in favor of her only child, Sarah Kate Binkley ("Sarah"), and James…

2Cases cited14 opinions

  1. State v. WilliamsSupreme Court of North Carolina · 2008
  2. Link v. LinkSupreme Court of North Carolina · 1971
  3. Builders Mutual Insurance v. North Main Construction, Ltd.Supreme Court of North Carolina · 2006
  4. In Re Will of CravenSupreme Court of North Carolina · 1915
  5. Bumgarner v. ReneauSupreme Court of North Carolina · 1992

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