Legal Opinion

Williams and Michael, PA v. Kennamer

Court of Appeals of North Carolina

Decided November 6, 1984No. 8326DC1259PublishedCited by 17 opinions

1Opinion of the Court

VAUGHN, Chief Judge.

The merits of plaintiffs claim are not before us. Defendant assigns as error the trial court’s granting of Levine’s motion to withdraw and its refusal to allow more than two days within which to prepare for trial or to obtain substitute counsel. We agree that the judge erred.

It is fundamental that an attorney is not at liberty to abandon a case without (1) justifiable cause, (2) reasonable notice to his client, and (3) the permission of the court. Smith v. Bryant, 264 N.C. 208, 141 S.E. 2d 303 (1965); Perkins v. Sykes, 233 N.C. 147, 63 S.E. 2d 133 (1951); State v. Penley,…

2Cases cited4 opinions

  1. Shankle v. ShankleSupreme Court of North Carolina · 1976
  2. Smith v. BryantSupreme Court of North Carolina · 1965
  3. Perkins v. SykesSupreme Court of North Carolina · 1951
  4. State v. PenleyCourt of Appeals of North Carolina · 1969

3Cited by17 opinions

  1. Wilkins v. SafranCourt of Appeals of North Carolina · 2007
  2. Miller v. MillerCourt of Appeals of North Carolina · 1988
  3. Herrin v. StrausMissouri Court of Appeals · 1991
  4. Benton v. MintzCourt of Appeals of North Carolina · 1990
  5. In re D.E.G.Court of Appeals of North Carolina · 2013

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