(DOWNLOAD) "Sellers v. Ochs" by North Carolina Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Sellers v. Ochs
- Author : North Carolina Court of Appeals
- Release Date : January 21, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Published opinion A Rule 59 motion ""cannot be used as a means to reargue matters already argued or to put forth arguments which were not made but could have been made"" at the trial court level. 1 Here, Plaintiff Gloria Sellers filed a Rule 59 motion to present additional case law to the trial court in an effort to have an order of summary judgment set aside. Because Ms. Sellers only appeals from the denial of that motion, for which she failed to show any grounds for relief from judgment, we dismiss. Both parties agree that in 1994, Defendant Cammie Smith Ochsbecame the record owner of a piece of property located in Haywood County. Shortly thereafter, Plaintiff Gloria Sellers moved a trailer onto the property and began living there, although she did not pay any rent to Ms. Ochs. In 2003, Ms. Ochs made a written demand that Ms. Sellers vacate the property. In response, Ms. Sellers filed a complaint alleging that Ms. Ochs was holding the property for Ms. Sellers in a resulting or constructive trust and asking either for a reconveyance of the property or money damages in the amount of the property's value.
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