WYNN, Judge Sample Clauses

WYNN, Judge. In the fall of 1993, Hezekiah Dobson, Jr. hired Squires Timber Company to cut and remove timber from his land in Duplin County, North Carolina. Mr. Dobson’s land bordered land owned by D. McKinley Price, J.L. Price and his wife, Lou Ann V. Price. In January 1996, the Prices brought an action alleging that Squires Timber, at the direction of Mr. Dobson, removed timber from their property. Mr. Dobson and Squires Timber cross-claimed against one another. The trial court ordered the parties to attend a Mediated Settlement Conference. At the Mediated Settlement Conference, the Prices and Mr. Dobson entered into an agreement that provided that Mr. Dobson would pay the Prices $12,800 upon execution of a boundary line agreement. After the execution and filing of the Memorandum of Mediated Settlement, a surveyor surveyed the boundary line. Mr. Dobson, however, disagreed with the surveyor’s beginning point and refused to execute the boundary line agreement. The Prices then moved for specific performance of the Mediated Settlement Agreement. Superior Court Judge Jerry Tillet held a hearing on 16 February 1998 and found that the parties had not reached a meeting of the minds about the boundary line. He directed Mr. Dobson’s attorney to draft an order denying the Prices’ motion for specific performance of the Mediated Settlement Agreement. However, Mr. Dobson’s attorney never drafted the order, so Judge Tillet’s ruling on the Prices’ motion was neither reduced to writing nor filed with the clerk of court. Accordingly, Judge Tillet’s ruling on that motion was never entered in accordance with N.C.R. Civ. P. 58. In April 1999, the case came on for trial before Superior Court Judge Russell J. Lanier, Jr. At the outset of the trial, Squires Timber moved to enforce the Mediated Settlement Agreement. The trial court heard Squires Timber’s motion and allowed the other parties to respond. The court withheld a ruling on the motion until the next morning, giving all parties time to research and present case law about the motion. The next morning, the parties argued as to whether Judge Lanier had authority to rule on the motion. After holding that he did have the authority to rule on the motion, Judge Lanier asked Mr. Dobson if he needed more time to prepare for the hearing on the motion to enforce the Mediated Settlement Agreement. Mr. Dobson’s attorney requested a brief recess. After the recess, the parties informed the trial court that in lieu of a contested hearing on Squires ...

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