Issue

Appeal to Supreme Court—based on Court of Appeals dissent—new theory asserted in dissent—review declined

Summary

In an appeal to the Supreme Court based on a dissent from the Court of Appeals, where a business sought to overturn the trial court's order upholding a towing company's statutory lien on one of the business's trucks and authorizing the sale of the truck, the Supreme Court declined to review the dissent's theory of the case–that the towing company unlawfully converted the truck for personal use and, therefore, the lien should have been reduced based on the truck's loss in fair market value–because it was not first raised and argued by the parties and addressing it would require access to evidence that no party presented at trial and findings of fact that the trial court never made.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →