 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Parsons v. Milner12/3/2002
by the courts; in fact, every reasonable intendment will be indulged against the waiver of fundamental rights, the courts never presuming acquiescence in their loss." Chemical Bank v. Belk, 41 N.C. App. 356, 366, 255 S.E.2d 421, 428 (1979). Accordingly, " o prove that a party has waived right . . . the opposing party must produce evidence that there was 'an intention to relinquish a right, advantage, or benefit . . . implied from acts or conduct that naturally lead the [opposing] party to believe that the right has been intentionally given up.'" Barclays Bank PLC v. Johnson, 129 N.C. App. 370, 373, 499 S.E.2d 768, 770 (1998) (quoting Klein v. Avemco Insurance Co., 289 N.C. 63, 68, 220 S.E.2d 595, 599 (1975)). Thus, " aiver is an intentional relinquishment or abandonment of a known right or privilege." Medearis v. Trusteesof Meyers Park Baptist Church, 148 N.C. App. 1, 10, 558 S.E.2d 199, 206 (2001).
Here, the six-year delay between judgment and award is the only evidence in the record supporting a theory that plaintiff's attorney intended to waive his right to a fee. However, the trial court concluded that this evidence was insufficient to establish an implied waiver. The trial court based this conclusion on plaintiff's counsel's attempt to negotiate a settlement on 25 September 1996, to schedule a hearing on 5 June 1997, and his scheduling of a second hearing on 28 September 2001. From this evidence, we cannot conclude that the "court's ruling manifestly unsupported by reason or so arbitrary that it could not have been the result of a reasoned decision." Accordingly, the trial court did not abuse its discretion by not finding waiver by implication, and, therefore, we find no error.
Affirmed.
Judges TIMMONS-GOODSON and HUNTER concur.
Report per Rule 30(e).
|