Eleen v. Heil

Motion to Dismiss for Lack of Subject Matter Jurisdiction (Rule 12)


Motion to dismiss for lack of subject matter. Two grounds: Case should have been in District Court as a small claims appeal; alternately, that claims were barred by res judicata. Motion unsuccessful. This issue remains on appeal with the NC Court of Appeals as the date of posting. Will also post appellate brief, and update as to result when received.

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Reference Info:Legal Memoranda: Pre-Trial Motions | State, 4th Circuit, North Carolina | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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