Opinion · Court of Appeals of North Carolina

Pinewood Homes, Inc. v. Harris

Pinewood Homes, Inc. v. Harris, 184 N.C. App. 597 (N.C. Ct. App. 2007)

Type
Opinion
Court
Court of Appeals of North Carolina
Jurisdiction
North Carolina
Date
2007-07-17
Topic
bankruptcy

How later courts describe this case

  • holding that there was no “judgment” as required by the rule against collateral attacks when the preliminary injunction at issue had been voided
  • concluding that plaintiff state a claim for abuse of process where plaintiff alleged defendant sought an injunction to coerce the plaintiffs to pay a judgment for which they were'not responsible
  • explaining that “a complaint [for tortious interference] must admit of no motive for interference other than malice”
  • dismissing claim where plaintiff made only “general conclusions of malice and fail[ed] to allege that Defendants acted for their own personal interest”
  • allowing tortious interference claim where plaintiffs alleged facts supporting allegation “the seeking of the injunction was the malicious act”
  • “Accordingly, we have held that the complaint must admit of no motive for interference other than malice.”
  • “Thus, we must determine whether plaintiffs’ [sic] have alleged a factual basis to support the claim of malice.”
  • "[A] complaint [for tortious interference] must admit of no motive for interference other than malice."

Citator

UpLaw has not yet analyzed Pinewood Homes, Inc. v. Harris. The absence of a flag is not a finding that it is good law.

Cited by
78 opinions