Legal Opinion

In Re Gertzman

Court of Appeals of North Carolina

Decided August 2, 1994No. 9326898PublishedCited by 14 opinions

1Opinion of the Court

COZORT, Judge.

Claimants petitioned the superior court seeking to obtain a portion of the funds held by a trustee/conservator appointed to protect the interest of the clients of an attorney who had committed suicide. Claimants had loaned money to the attorney to invest in a corporation. The trial court denied the claimants’ request, holding that claimants were “investors” in a debtor-creditor relationship with the attorney, and not “clients” in a fiduciary relationship customary to the practice of law. We affirm.

Stanley A. Gertzman, attorney at law, was a sole practitioner in Charlotte, North…

2Cases cited8 opinions

  1. Branch Banking and Trust Co. v. ThompsonCourt of Appeals of North Carolina · 1992
  2. Abbitt v. . GregorySupreme Court of North Carolina · 1931
  3. Fox v. WilsonCourt of Appeals of North Carolina · 1987
  4. Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
  5. Atkinson v. AtkinsonSupreme Court of North Carolina · 1945

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3Cited by14 opinions

  1. In Re Possession & Control of the Commissioner of BanksAppellate Court of Illinois · 2001
  2. North Carolina State Bar v. GilbertCourt of Appeals of North Carolina · 2008
  3. Angell v. KellyDistrict Court, M.D. North Carolina · 2004
  4. Alford v. DavisCourt of Appeals of North Carolina · 1998
  5. Synergy Financial, L.L.C. v. ZarroDistrict Court, W.D. North Carolina · 2004

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