default judgment hearing (North Carolina) · Go Syfert
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default judgment hearing in North Carolina

7 North Carolina opinions name it 1 courts 2005–2022 2 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
COASTAL FEDERAL CREDIT UNION v. Fallsgreen
ncctapp · 2011 · cited in 2 North Carolina opinions naming this issue, 2016–2019
2 sentences

2019Rather, “an appearance may arise by implication when a defendant takes, seeks, or agrees to some step in the proceedings that is beneficial to himself or detrimental to the plaintiff.” Id. (citations omitted); see Coastal Fed. Credit Union v. Falls, 217 N.C. App. 100, 103-07 , 718 S.E.2d 192, 194-96 (2011) (concluding the defendants’ negotiations with the plaintiff’s law firm regarding a payment plan could qualify as an “appearance,” thereby entitling the defendants to notice of the default judgment hearing); Webb v. James, 46 N.C. App. 551, 557 , 265 S.E.2d 642, 646 (1980) (holding “when [a]

2019Rather, “an appearance may arise by implication when a defendant takes, seeks, or agrees to some step in the proceedings that is beneficial to himself or detrimental to the plaintiff.” Id. (citations omitted); see Coastal Fed. Credit Union v. Falls, 217 N.C. App. 100, 103-07 , 718 S.E.2d 192, 194-96 (2011) (concluding the defendants’ negotiations with the plaintiff’s law firm regarding a payment plan could qualify as an “appearance,” thereby entitling the defendants to notice of the default judgment hearing); Webb v. James, 46 N.C. App. 551, 557 , 265 S.E.2d 642, 646 (1980) (holding “when [a]

12
Webb v. Jamesgreen
ncctapp · 1980 · cited in 1 North Carolina opinions naming this issue, 2019–2019
2 sentences

2019Rather, “an appearance may arise by implication when a defendant takes, seeks, or agrees to some step in the proceedings that is beneficial to himself or detrimental to the plaintiff.” Id. (citations omitted); see Coastal Fed. Credit Union v. Falls, 217 N.C. App. 100, 103-07 , 718 S.E.2d 192, 194-96 (2011) (concluding the defendants’ negotiations with the plaintiff’s law firm regarding a payment plan could qualify as an “appearance,” thereby entitling the defendants to notice of the default judgment hearing); Webb v. James, 46 N.C. App. 551, 557 , 265 S.E.2d 642, 646 (1980) (holding “when [a]

2019Rather, “an appearance may arise by implication when a defendant takes, seeks, or agrees to some step in the proceedings that is beneficial to himself or detrimental to the plaintiff.” Id. (citations omitted); see Coastal Fed. Credit Union v. Falls, 217 N.C. App. 100, 103-07 , 718 S.E.2d 192, 194-96 (2011) (concluding the defendants’ negotiations with the plaintiff’s law firm regarding a payment plan could qualify as an “appearance,” thereby entitling the defendants to notice of the default judgment hearing); Webb v. James, 46 N.C. App. 551, 557 , 265 S.E.2d 642, 646 (1980) (holding “when [a]

11
Lexis-Nexis v. Travishan Corp.green
ncctapp · 2002 · cited in 1 North Carolina opinions naming this issue, 2019–2019
2 sentences

2019In Lexis-Nexis v. Travishan Corp., our Court recognized when an agent of a defendant corporation negotiates with the opposing party, the agent can “make an implied appearance on behalf of [the] corporation[.]” 155 N.C. App. 205, 208 , 573 S.E.2d 547, 549 (2002).

2019In Lexis-Nexis v. Travishan Corp., our Court recognized when an agent of a defendant corporation negotiates with the opposing party, the agent can “make an implied appearance on behalf of [the] corporation[.]” 155 N.C. App. 205, 208 , 573 S.E.2d 547, 549 (2002).

11
Moore v. City of Raleighgreen
ncctapp · 1999 · cited in 1 North Carolina opinions naming this issue, 2005–2005
1 sentence

2005App. at 337 , 520 S.E.2d at 137 (“[Representation of self and failure to hire counsel, even when a party is not well educated or is unacquainted with the judicial process, does not constitute excusable neglect.”) Lastly, we note that Jacobs argues he was entitled to, yet did not receive, three days notice of the default judgment hearing.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Basnight Construction Co. v. Peters & White Construction Co. green
ncctapp · 2005
2 sentences

2022Id. at 624, 610 S.E.2d at 472 . ¶ 27 In this case, Plaintiff’s 2009 unverified complaint alleged that Defendant was lawfully indebted to Plaintiff for the principal sum of $10,500.69 together with interest at a contract rate of 23.99% per annum, that the unpaid amount had been outstanding since 1 February 2008, and that Plaintiff was entitled to calculable attorneys’ fees and costs under N.C. Gen.

2022Id. at 624, 610 S.E.2d at 472 . ¶ 27 In this case, Plaintiff’s 2009 unverified complaint alleged that Defendant was lawfully indebted to Plaintiff for the principal sum of $10,500.69 together with interest at a contract rate of 23.99% per annum, that the unpaid amount had been outstanding since 1 February 2008, and that Plaintiff was entitled to calculable attorneys’ fees and costs under N.C. Gen.

42020–2022
Roland v. W & L Motor Lines, Inc. green
ncctapp · 1977
1 sentence

2019Rather, “an appearance may arise by implication when a defendant takes, seeks, or agrees to some step in the proceedings that is beneficial to himself or detrimental to the plaintiff.” Id. (citations omitted); see Coastal Fed. Credit Union v. Falls, 217 N.C. App. 100, 103-07 , 718 S.E.2d 192, 194-96 (2011) (concluding the defendants’ negotiations with the plaintiff’s law firm regarding a payment plan could qualify as an “appearance,” thereby entitling the defendants to notice of the default judgment hearing); Webb v. James, 46 N.C. App. 551, 557 , 265 S.E.2d 642, 646 (1980) (holding “when [a]

12019–2019

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (5) NC § N.C. Gen. Stat. § 1-47 (4) NC § N.C. Gen. Stat. § 6-21.2 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 114 (1977–2026) OH 23 (1996–2026) UT 13 (2003–2020) CA 13 (1949–2022) AZ 11 (1969–2024) IA 10 (1965–2025) MO 10 (1977–2022) WA 9 (2007–2025) FL 8 (1923–2023) NC 7 (2005–2022) MN 6 (1965–2016) NY 6 (1962–2026) GA 6 (1962–2022) AL 6 (1979–2010) MT 5 (1990–2026) IL 5 (1971–2024) LA 5 (1987–2024) VT 4 (2002–2026) NJ 4 (2002–2024) WI 4 (1995–2026) TN 4 (2002–2025) SD 3 (1997–2024) HI 3 (2001–2022) MS 3 (2000–2002) MI 3 (1981–2023) VI 3 (2014–2017) NM 3 (1984–1996) AR 3 (1998–2024) PA 3 (1978–2018) DC 2 (1976–1981) CO 2 (2006–2026) OR 2 (1996–2010) ID 2 (1992–2008) CT 2 (1995–2012) MD 2 (1999–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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