TOWNSEND v. SHOOK

No. COA10-383.

708 S.E.2d 187 (2011)

Paula May TOWNSEND, Plaintiff, v. Mark William SHOOK, individually and in his official capacity as Sheriff of Watauga County; and Western Surety Company; Defendants.

Court of Appeals of North Carolina.

March 15, 2011.


Attorney(s) appearing for the Case

Gray Newell, LLP, Greensboro, by Angela Newell Gray , for plaintiff-appellee.

Forman Rossabi Black, P.A., Greensboro, by Emily J. Meister and Gavin J. Reardon for defendant-appellant Mark Shook, in his individual capacity; and Womble Carlyle Sandridge & Rice, Winston-Salem, by James R. Morgan, Jr. and Bradley O. Wood, for defendant-appellants Mark Shook, in his official capacity as Sheriff of Watauga County, and Western Surety Company.


STEELMAN, Judge.

The prior action pending doctrine is not applicable where the parties, legal issues, and subject matter in this case are not substantially similar to those raised in Shook's lawsuit filed in 2007. Plaintiff was not required to file her wrongful termination claim as a compulsory counterclaim to Shook's action under Rule 13 of the Rules of Civil Procedure.

I. Factual and Procedural Background

On 12 December 2006, Paula Townsend...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases