Michael S. Harrell

Representative Matters

• Litigated the seminal case of In re Byrd from the trial court level to the North Carolina Supreme Court.  Byrd established the requirements for birthfathers’ consent for adoptions under North Carolina’s then newly enacted adoption statutes.
• Represented ex-spouse recipient of death benefits under decedent’s pension plan.  The ex-spouse had disclaimed any interest in the benefits under premarital and separation agreements yet was still named as a recipient under the plan.  Trial court granted summary judgment to ex-spouse that recipient could keep all benefits.
• Represented adoption agency when birthmother tried to revoke consent to adoption.  After trial court ruled in birthmother’s favor, Court of Appeals reversed and found no error in agency’s process in obtaining birthmother’s consent.
• Represented business partner in suit against defending partner to recover expenses incurred in attempted development of beachfront property.  After defending partner only offered settlement consisting of fractional amount of business partner’s expenses, trial court awarded business partner entire six figure sum of expenses claimed, and Court of Appeals affirmed.
• Represented homeowners whose newly purchased and unoccupied house flooded when municipality turned on water to house and open spigot flooded house.  Trial court dismissed suit against municipality, and Court of Appeals and Supreme Court reversed ruling which resulted in substantial settlement for homeowners.
• Has represented regionwide apartment complex developer across the state for over two decades and made appearances in over twenty-five counties on developers behalf in summary ejectment and housing discrimination claims.

Community Engagement

Mike has been an active adult leader with the Boy Scouts of America for over fifteen years and specifically with Pack and Troop 200 in Cary and the Occoneechee Council in Raleigh.  He has two grown sons that both reached the rank of Eagle while with Troop 200.

Mike is a member of St. Pauls Episcopal Church in Cary.  He is particularly involved with the church’s ministry providing assistance to refugee family relocation to Wake County.  The church’s ministry Refuge4Refugees has been involved with at least five different families over the past two years.

Reported Cases

Justice v. Justice (Seminal case holding that equitable distribution claim can be discharged in bankruptcy; result summarily affirmed by NC Supreme Court) https://www.manningfulton.com/wp-content/uploads/2018/07/JusticeCOA.pdf

In re Adoption of Byrd (Landmark case first defining birthfathers’ requirements to consent to adoptions under newly enacted NC Adoption act) https://www.manningfulton.com/wp-content/uploads/2018/07/ByrdSCt.pdf

Patronelli v. Patronelli (NC Supreme Court case on pro bono attorney’s ability to recover attorneys’ fees under statutory provisions) https://www.manningfulton.com/wp-content/uploads/2018/07/PatronelliSCt.pdf

Muchmore v. Trask (NC Court of Appeals upheld alimony waiver in out-of-state prenuptial despite NC barring such waivers at the same time; result summarily affirmed by NC Supreme Court) https://www.manningfulton.com/wp-content/uploads/2018/07/TraskCOA.pdf

Fussell v. NC Farm Bureau Mutual Ins. Co. (NC Supreme Court held homeowners had validly stated claim for property damage to homeowners’ property when municipality resumed water service to unoccupied dwelling resulting in flooded house) https://www.manningfulton.com/wp-content/uploads/2018/07/FussellSCt.pdf

Woodridge Homes Ltd. Partnership v. Gregory (NC Court of Appeals reversed trial court’s dismissal of eviction action when lease permitted eviction over repeated minor lease violations and in spite of landlord’s continued acceptance of rent) https://www.manningfulton.com/wp-content/uploads/2018/07/WoodridgeHomesCOA.pdf

Khaja v. Husna (NC Court of Appeals vacated alimony order arising from four day trial for numerous procedural errors at divorce, injunction, and alimony hearings) https://www.manningfulton.com/wp-content/uploads/2018/07/HusnaCOA.pdf

In re Adoption of Baby Boy (NC Court of Appeals reversed trial court ruling that birth mother could rescind consent to adoption and found no error in agency’s procurement of consent) https://www.manningfulton.com/wp-content/uploads/2018/07/AdoptBabyBoyCOA.pdf

Majewski Enterprises, Inc. v. The Park at Langston, Inc. (NC Court of Appeals remanded business dispute case over proper calculation of damages for sewer allotments in connection with residential development) https://www.manningfulton.com/wp-content/uploads/2018/07/ParkatLangstonCOA.pdf

ARE-100/800/801 Capitola, LLC v. Triangle Laboratories, Inc. (NC Court of Appeals opinion involving proper method of terminating commercial tenancy) https://www.manningfulton.com/wp-content/uploads/2018/07/ARECOA.pdf