automatic bar in North Carolina

2005Pleasant Valley Promenade, however, stands for the proposition that “the denial of a motion for summary judgment is not an automatic bar to imposition of Rule 11 sanctions.” Pleasant Valley Promenade, 120 N.C.

2004Pleasant Valley Promenade, however, stands for the proposition that "the denial of a motion for summary judgment is not an automatic bar to imposition of Rule 11 sanctions." Pleasant Valley Promenade, 120 N.C.App. at 659 , 464 S.E.2d at 55 .

2026The upshot of Harbison was the adoption of an automatic rule: “[I]neffective assistance of counsel, per se in violation of the Sixth Amendment, [is] established in every criminal case in which the defendant’s counsel admits the defendant’s guilt to the jury without the defendant’s consent.” Id. at 180 , 337 S.E.2d at 507–08 (emphasis added).

2026The upshot of Harbison was the adoption of an automatic rule: “[I]neffective assistance of counsel, per se in violation of the Sixth Amendment, [is] established in every criminal case in which the defendant’s counsel admits the defendant’s guilt to the jury without the defendant’s consent.” Id. at 180 , 337 S.E.2d at 507–08 (emphasis added).

2010App. 724, 729 , 421 S.E.2d 631, 634 (1992), disc. review denied, 333 N.C. 345 , 426 S.E.2d 706 (1993) (holding that a non-waiver clause in a HUD-approved lease “precludes an automatic waiver where the landlord has acquiesced to certain past conduct in violation of the lease agreement”).

2010App. 724, 729 , 421 S.E.2d 631, 634 (1992), disc. review denied, 333 N.C. 345 , 426 S.E.2d 706 (1993) (holding that a non-waiver clause in a HUD-approved lease “precludes an automatic waiver where the landlord has acquiesced to certain past conduct in violation of the lease agreement”).

2004Id. at 234 , 472 S.E.2d at 401 .

2004Id. at 234 , 472 S.E.2d at 401 .

1995Cf. Higgins v. Patton, 102 N.C.App. 301, 305 , 401 S.E.2d 854, 856 (1991), overruled on other grounds, Bryson v. Sullivan, 330 N.C. 644 , 412 S.E.2d 327 (1992).

1995Cf. Higgins v. Patton, 102 N.C.App. 301, 305 , 401 S.E.2d 854, 856 (1991), overruled on other grounds, Bryson v. Sullivan, 330 N.C. 644 , 412 S.E.2d 327 (1992).

1959(A)nd that by reason ¡of the fact that the ownership of the International tractor . . . was not newly acquired ownership, within the contemplation .of the automatic clause in the policy, that ¡clause did not operate to place said International tractor within the terms and ¡provisions of the policy in question, andi hence that clause did not apply to the International tractor.” In Insurance Co. v. Wilson (Okla. 1952), 251 P. 2d 175 , the insured obtained liability coverage on a 1947 Chevrolet track.

1959(A)nd that by reason ¡of the fact that the ownership of the International tractor . . . was not newly acquired ownership, within the contemplation .of the automatic clause in the policy, that ¡clause did not operate to place said International tractor within the terms and ¡provisions of the policy in question, andi hence that clause did not apply to the International tractor.” In Insurance Co. v. Wilson (Okla. 1952), 251 P. 2d 175 , the insured obtained liability coverage on a 1947 Chevrolet track.