Lindley Law represented the Plaintiff, DavFam, LLC (“DavFam”), in a matter initially before the court in 2016. After an unsuccessful appeal by the Defendant, and petition for discretionary review to the North Carolina Supreme Court, the trial court’s decision in favor of DavFam is affirmed and upheld. Congratulations to DavFam and Lindley Law for the victory! DavFam is a closely-held family entity, whose members are siblings, and which owns real estate across North Carolina. The Defendant is a sibling of the DavFam members, but he is not a member or manager in the LLC. Among the assets held by DavFam is real estate located in Alleghany County, North Carolina…
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Business Basics: The Duty of Good Faith and Fair Dealing and the Parol Evidence Rule
The duty of good faith and fair dealing is essentially the Golden Rule of Contract law and Business Law: treat others how you want to be treated, and you have a better chance of avoiding litigation. When parties run afoul of this duty, courts notice and hold them accountable. In Blondell v. Ahmed, the North Carolina Court of Appeals remanded a case where it believed the sellers of a home may have breached their duty of good faith and fair dealing under a Listing Agreement with their real estate agent.[1] In March of 2013, the sellers of a house,…
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Challenging the Validity of a Will vs. the Construction of a Will: North Carolina Court of Appeals Clarifies
Earlier in September the North Carolina Court of Appeals highlighted the procedural difference between challenging the validity of a will through a caveat proceeding and resolving questions as to the construction of a will through an action for declaratory judgment.[1] Plaintiff, Deborah Hildebran (“Hildebran”) was listed as the executrix of her father’s will (the “Will”). Upon her father’s death, the Will was probated in common form before the clerk and Hildebran was appointed executrix. The Will contained several handwritten markings, notably a line that struck through the name of the testator’s granddaughter Chanté Brittian…
