Justia Consumer Law Opinion SummariesArticles Posted in North Carolina Supreme Court
Charlotte-Mecklenburg Hosp. Auth. v Talford
Plaintiff, medical center, sued Defendant, former patient, seeking to recover the value of medical services Plaintiff provided Defendant while he was admitted to its medical center. Plaintiff moved for summary judgment against Defendant in the amount of $14,419 for the medical care he had received, supporting its contention it should receive that amount by submitting several affidavits. The trial court entered summary judgment for Plaintiff on the issue of damages. The court of appeals reversed, stating that although Defendant did not contest liability, an issue of material fact remained on the amount owed. The Supreme Court reversed, holding (1) the medical center's affidavits from its employees that stated the amount of its bill and asserted the amount was reasonable were minimally sufficient of its right to payment; and (2) the patient's affidavit illustrating the differences between the retail price of, and the amount charged by the medical center for, certain medications failed to show that an issue of material fact remained for trial. View "Charlotte-Mecklenburg Hosp. Auth. v Talford" on Justia Law
In re Foreclosure of Vogler Realty, Inc.
In this appeal the Supreme Court considered whether the clerk of superior court had the authority to determine the reasonableness of attorney's fees that a trustee-attorney in a foreclosure proceeding paid to himself in addition to his trustee's commission. The superior court affirmed the clerk's order. The court of appeals vacated the clerk's and trial court's orders, holding that the clerk lacked the statutory authority to determine the reasonableness of attorney's fees paid in a foreclosure proceeding. The Supreme Court affirmed the court of appeals, holding (1) the clerk exceeded his statutory authority by reducing the trustee-attorney's attorney's fees, and (2) absent a viable challenge for breach of fiduciary duty from a creditor with standing, the trustee-attorney's payment of attorney's fees to himself in addition to a trustee's commission could not be upset. View "In re Foreclosure of Vogler Realty, Inc." on Justia Law