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Appellate Law
: North Carolina Appellate BlogCOA Holds Trial Court Erred In Striking Untimely Answer
By Sean E. Andrussier
A week and a half after the deadline passed for filing an answer to her complaint, Plaintiff moved for judgment on the pleadings. Defendant responded by filing an answer two weeks later, which was about four weeks after the deadline, and it raised affirmative defenses and counterclaims. Plaintiff moved under Rule 12(f) to strike the answer as untimely. The motion was granted. Then, on the basis of that ruling, the trial court granted Plaintiff's motion to for judgment on the pleadings. The COA held that the trial court abused its discretion in striking defendant's untimely answer.
Full post as published by North Carolina Appellate Blog on April 15, 2008 (boomark / email).
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