Incredible legal remedy to get any court case dismissed
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A trial court’s decision to deny a motion to dismiss is reviewed for abuse of discretion, Eakes, 194 N.C. Whether a set of facts rises to the level of “failure to prosecute” is generally a question of law, but the trial court’s determination of the facts themselves, if supported by the record, will not be disturbed on appeal. The judge’s order stated that the delays were “undue and unreasonable,” “deliberate and tactical” and ultimately prejudicial to defendants. The judge found that the plaintiff had intentionally allowed his claims against an insurance company to remain in limbo for several years both in state court and federal bankruptcy court.
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2016), the trial court clearly recognized this requirement when stating its reasons for dismissal. So, the record should support a finding of intentional delay or some kind of plan or maneuver to impede the case’s forward momentum. 416 (2013) (noting in particular the claimant’s failure to appear at several hearings) Eakes v. Instead, dismissal for failure to prosecute is only proper when the plaintiff “manifests an intention to thwart the progress of the action to its conclusion, or by some delaying tactic plaintiff fails to progress the action toward its conclusion.” In re Will of Kersey, 176 N.C. Also, it typically is not enough that the plaintiff has simply missed a deadline or sought more than one extension. 132 (1984) (“Expedition for its own sake is not the goal.”)) see also Lusk v. Long delays are certainly part of the inquiry, but the mere passage of time is not enough in and of itself to create a “failure to prosecute.” Kersey, 176 N.C. If the trial court’s findings are supported by the record, the appellate courts will not disturb them the decision will be reversed only for abuse of discretion. In cases where the record did not show a consideration of lesser sanctions, the Court of Appeals has consistently reversed and remanded. 492, 504 (2010) (stating the requirement and determining that the court’s findings were sufficient).
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The fact that the trial court conducted this inquiry must appear on the record.