Legal Opinion · Dissent

Harris v. Pinewood Development Corp.

Court of Appeals of North Carolina

Decided March 21, 2006No. COA05-606Published

1DissentTyson, Judge

The majority’s opinion vacates the trial court’s preliminary injunction barring defendant’s transfer of assets subject to satisfying plaintiffs’ judgment and holds the court erred when it granted a preliminary injunction against defendants. I respectfully dissent.

I. Statutory Remedy

The majority’s opinion states, “the General Assembly has provided means by which the creditor may address problems with execution, but only after it has been returned wholly or partially unsatisfied, or if the terms of § 1-355 are met.” While I agree this statute is an available remedy, it is not exclusive and does…

2Cases cited3 opinions

  1. Inland Steel Co. v. United StatesSupreme Court of the United States · 1939
  2. Edmonds v. HallSupreme Court of North Carolina · 1952
  3. Asheville Mall, Inc. v. Sam Wyche Sports World, Inc.Court of Appeals of North Carolina · 1990

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