Legal Opinion · Concurrence

In re D.W.

Court of Appeals of North Carolina

Decided March 2, 2010No. COA09-1349Published

1Concurrence

HUNTER, JR., Robert N., Judge,

concurring.

I read the record with regard to the continuance issue somewhat differently than my colleagues. It appears that after the pleadings were filed, DSS’s motion to terminate Respondent mother’s parental rights was scheduled to be heard on 4 June 2009. Respondent contacted her attorney to request a continuance from the 4 June 2009 calendar date after learning of the date by a letter sent from her attorney. Respondent’s attorney knew that, due to the crowded court calendar, the court would not be able to reach DSS’s motion on 4 June *6302009. After the trial…

2Cases cited4 opinions

  1. Pennington v. Flame Refractories, Inc.Court of Appeals of North Carolina · 1981
  2. Hornby v. Pennsylvania National Mutual Casualty InsuranceCourt of Appeals of North Carolina · 1983
  3. Hornby v. PENNSYLVANIA NAT. MUT. CAS. INS.Court of Appeals of North Carolina · 1983
  4. Atlantic & East Carolina Railway Co. v. Southern Outdoor Advertising, Inc.Court of Appeals of North Carolina · 1998

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