Friday, 25 September 2015 00:00

ABC Roofing, Inc. v. Sawyer

Sample Decision

ABC Roofing, Inc. v. Sawyer, 750 S.E.2d 918 (N.C. Ct. App. 2013) (unpublished disposition)

Date: 9/3/2013

Attorney(s): 
  • Adam G. Linett
  • J. Rodrigo Pocasangre 

Summary

We represented a roofing contractor, ABC Roofing, Inc., who was not paid by a homeowner after having installed new shingles on the Defendant's residence. After a bench trial, the District Court Judge ruled in our favor and ordered the Defendant to pay the amount owed. The Defendant appealed. In an unpublished decision, the Court of Appeals upheld the trial court's judgment.

Disclaimer: The case(s) referenced herein are sample cases handled by the law firm. The results of each case depend on a variety of factors unique to each case and not all of the firm's results are provided. Prior results do not guarantee similar outcomes.
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Yes. If you are 15 years old, and you meet the other Deferred Action (DACA) requirements, you can apply for a DACA.  If you are 14, going on 15 years old, you can begin to gather documents and start filling out the application so that you will be ready to submit your application the day you turn 15.   

The DACA program began on August 15, 2012 so it has been in existence for over a year now.  However, after an initial surge of a lot of applications and advertisements the program has been talked about less and less. 

Also, some groups are underrepresented in the program, including people who have been out of school for a while and younger students who are ‘aging in’ to DACA eligibility.  New high school students, who were not eligible to apply earlier because they were too young, should start to consider if they could apply for a DACA now.

For questions about the other DACA requirements, or if you would like to find out if you qualify for a DACA please make an appointment today. 

Immigration Consultations are now FREE!

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The simple answer is yes.  You can secure an Absolute Divorce from the state of North Carolina from a spouse that resides in a different country as long as you meet the following requirements: 1) you have resided in the state of North Carolina for over 6 months prior to the filing of the Absolute Divorce, and 2) you and your spouse have lived separate and apart for more than one year.

The challenge for many individuals in this situation is the need to provide your spouse with proper service (or notice) of your intent to seek a divorce.  Special rules may apply to the type of service that may be accepted by a North Carolina Court depending in the country where you are seeking to provide notice. International laws such as the Hague Convention or Letters Rogatory may be utilized to provide the proper service (or notice) to your spouse.

Furthermore, any court in North Carolina can grant your request for an Absolute Divorce so long as you meet the requirements indicated above.  So this means that our office in Greensboro may be able to handle your divorce although you may reside in a different part of North Carolina!  If you are searching for an attorney to help secure an Absolute Divorce in North Carolina, contact our office today for a consultation. 

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The answer to this question is maybe. We have all heard of cases being thrown out because of an error or mistake in the ticket or pleading. If the officer made a small mistake in the spelling of your name (like Shawn vs. Sean) or if he wrote that your vehicle was a 2007 model when it is a 2008 model, your case will probably not be dismissed on those grounds. Yet, there are other mistakes that may seem trivial, but could result in dismissal.

A critical mistake by an officer or a magistrate that may result in dismissal is if the pleading fails to include each essential element of the crime charged. For example, an essential element of the crime of larceny is that the stolen property must belong to someone else. But that “someone else” must be able to legally own the property in the first place. So, believe it or not, North Carolina courts have consistently held that failure to include at least the “inc.” after a corporation’s name results in a fatal pleading and dismissed the charge if the objection is raised at the appropriate time. In State v. Thompson, for instance, the warrant was fatally defective because it alleged that “Belk’s Department Store” owned the property, but failed to allege that Belk’s is a corporation or a legal entity capable of owning property.

A personal favorite of mine is the case of a Sean Kelly. Mr. Kelly, who was undoubtedly speeding 95 mph in a 60 mph zone on a mountain road near Asheville, was charged by a state trooper with reckless driving. In the citation, the trooper alleged that on 9 January 2010, Mr. Kelly “unlawfully and willfully carelessly and heedlessly in willful and wanton disregard of the rights and safety of others.” You may have noticed that as colorful as the trooper was in describing Mr. Kelly’s conduct, he forgot to include a pretty important detail: that Mr. Kelly was driving a car! The Court of Appeals agreed with Mr. Kelly and vacated his conviction because without that essential element, the trial court had no jurisdiction to enter judgment for that charge.

The purpose of a pleading is to inform a defendant of what precisely he’s being charged with. This is not a nicety extended to you by a friendly police officer; it is a constitutional requirement. Cases like the ones above show why it’s always a good idea to consult with an attorney.

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Contact Info

A.G. Linett & Associates — PA ATTORNEYS AT LAW
4914 W. Market Street, Suite A
Greensboro, NC 27407

 336.316.1190

 336.316.1191

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