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eBook details

• Title: Broughton v. Broughton
• Author : Court of Appeals of North Carolina
• Release Date : January 21, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Plaintiff argues on appeal that the trial court erred in dismissing with prejudice his breach of contract suit against defendants and in holding him in contempt for failing to comply with an interlocutory order. Plaintiff also contends that the evidence did not support the trial courts determination that plaintiff had the ability to pay the monies ordered. We hold that Judge Hobgoods 12 June 1984 order commanding plaintiff to pay a contested sum of money to the clerk of court was erroneous and must be reversed. We affirm the order finding plaintiff in contempt of court but hold that under Rule 41(b) of the North Carolina Rules of Civil Procedure the trial court erred in failing to consider whether a sanction less drastic than dismissal with prejudice would have assured plaintiffs compliance with Judge Hobgoods 12 June 1984 order.

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