Legal Opinion

In Re the Order Sanctioning Small

Court of Appeals of North Carolina

Decided December 8, 2009No. COA09-485PublishedCited by 6 opinions

1Opinion of the Court

MARTIN, Chief Judge.

Attorney Benjamin S. Small appeals from an order entered in Cabarrus County Superior Court which ordered him to pay $500 as a sanction for filing motions that the trial court found were filed in violation of court rules and were “vexatious and totally without merit and . . . filed for the improper purpose of harassing [the ADA].” For the reasons stated, we affirm.

Small was appointed to serve as counsel for defendant James Neal Halley, Jr., who was charged with the Class C felonious offense of child abuse resulting in serious bodily injury in violation of N.C.G.S. §…

2Cases cited7 opinions

  1. Couch v. Private Diagnostic ClinicCourt of Appeals of North Carolina · 2001
  2. In Re Northwestern Bonding Co., Inc.Court of Appeals of North Carolina · 1972
  3. Griffin v. GriffinSupreme Court of North Carolina · 1998
  4. In Re the Right to Practice Law of RobinsonCourt of Appeals of North Carolina · 1978
  5. Zaliagiris v. ZaliagirisCourt of Appeals of North Carolina · 2004

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3Cited by6 opinions

  1. The NC State Bar v. MerrellCourt of Appeals of North Carolina · 2015
  2. North Carolina State Bar v. BarrettCourt of Appeals of North Carolina · 2012
  3. In Re SmallSupreme Court of North Carolina · 2010
  4. In re: InhaberCourt of Appeals of North Carolina · 2023
  5. Kjet Ventures, LLC v. JamisonNorth Carolina Business Court · 2026

1 more not listed; retrieve them via the Exa API.

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