Reese v. Brooklyn Village, LLC

2 Citing cases

  1. Cedarbrook Residential Ctr. v. N.C. Dep't of Heath & Human Servs.

    COA 24-523 (N.C. Ct. App. Dec. 17, 2024)

    Claim splitting is a common law rule which prohibits plaintiffs from splitting claims based on "the principle that all damages incurred as the result of a single wrong must be recovered in one lawsuit." Reese v. Brooklyn Village, LLC, 209 N.C.App. 636, 648, 707 S.E.2d 249, 257 (2011).

  2. Fatta v. M & M Props. Mgmt., Inc.

    224 N.C. App. 18 (N.C. Ct. App. 2012)   Cited 9 times
    Upholding a trial court's Gatekeeper Order precluding the plaintiff “from filing or submitting to the Iredell County Superior Court any further motion, pleading, or other document unlessthe document was signed by a North Carolina licensed attorney” in part because “the gatekeeper provision provided room for potentially meritorious filings without imposing a type of categorical ban on future filings”

    While we disagree with plaintiff's characterizations, we note that our task is to review the trial court's decision to grant or deny a motion to strike and motion for sanctions. (Rule 12(f) motions are reviewed for abuse of discretion. See Reese v. Brooklyn Vill., LLC, 209 N.C.App. 636, 652–53, 707 S.E.2d 249, 260 (2011); Rule 11(a) motions are reviewed de novo. “The appropriateness of a particular sanction is reviewed for abuse of discretion.” Bledsole v. Johnson, 357 N.C. 133, 138, 579 S.E.2d 379, 381–82 (2003) (citation omitted)).