Specific performance is an equitable remedy that allows the court to compel a party to perform a specific act (rather than, for example, to pay money damages). See Summit De Corp. v. Kweider Bros. Inc. (N.C. App., 2019) To receive specific performance, the law requires the moving party to prove that the remedy at law is inadequate, the obligor can perform, and the obligee has performed her obligations. Crews v. Crews (N.C. App., 2019)
A separation agreement is a contract in which ex-spouses agree to live separately and to settle the issues arising out of the marriage.
See also Separation Agreement in Legal Issues Section
A “scriber’s flaw” or clerical error “is ‘[a]n error resulting from a minor mistake or inadvertence, [especially] in writing or copying something on the record, and not from judicial reasoning or determination.’ ”In re D.B., 214 N.C. App. 489, 497, 714 S.E.2d 522, 527 (2011) (quoting State v. Lark, 198 N.C. App. 82, 95, 678 S.E.2d 693, 702 (2009)).
A party has standing when the record shows that the party has an:
1) Injury in fact –an invasion of a legally protected interest that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the Respondent; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.
Walker v. Hoke Cty., 260 N.C. App. 121, 123, 817 S.E.2d 609, 611 (2018).
Latin for “of one’s own accord.” This term is used to indicate that the judge has acted without prompting from one of the parties to the case.
SUBJECT MATTER JURISDICTION
“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Peters v. Pennington, 210 N.C. App. 1, 13, 707 S.E.2d 724, 733 (2011).
See also “competent evidence“.
The “test to determine whether a moving party is entitled to
summary judgment is whether, on the basis of the materials presented to the
court, there is any genuine issue of material fact and whether the moving
party is entitled to judgment as a matter of law.” N.C.Gen.Stat. Sec. 1A-1,
Rule 56 (1983).”
First American Federal Sav. and Loan Ass’n v. Royall, 334 S.E.2d 792, 77 N.C.App. 131 (N.C. App. 1985)