Legal Opinion

Theil v. Detering

Court of Appeals of North Carolina

Decided June 5, 1984No. 834SC562PublishedCited by 9 opinions

1Opinion of the Court

WEBB, Judge.

The question presented by this appeal is whether the trial court erred in holding that plaintiffs complaint was a nullity because it was prepared and filed by an attorney not authorized to practice law in this state, and in dismissing plaintiffs action on that basis. If the complaint was, in fact, a nullity, then the court did not err in dismissing the action, and plaintiff has lost his claim for relief because the statute of limitations expired a few days after the complaint was filed. If the complaint was not a nullity, then plaintiffs action was instituted within the…

2Cases cited2 opinions

  1. North Carolina National Bank v. Virginia Carolina BuildersSupreme Court of North Carolina · 1983
  2. In Re Contempt Proceeding of SmithSupreme Court of North Carolina · 1981

3Cited by9 opinions

  1. Reid v. ColeCourt of Appeals of North Carolina · 2007
  2. Appeal of Stroh Brewery Co.Court of Appeals of North Carolina · 1994
  3. Simmons v. CarterIndiana Court of Appeals · 1991
  4. Davenport v. LeeCourt of Appeals of Arkansas · 2001
  5. Allied Environmental v. Dept. of Env.Court of Appeals of North Carolina · 2007

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