Mathis v. Dowling

749 S.E.2d 284, 230 N.C. App. 311, 2013 WL 5912049, 2013 N.C. App. LEXIS 1148
CourtCourt of Appeals of North Carolina
DecidedNovember 5, 2013
DocketNo. COA13-380
StatusPublished
Cited by3 cases

This text of 749 S.E.2d 284 (Mathis v. Dowling) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mathis v. Dowling, 749 S.E.2d 284, 230 N.C. App. 311, 2013 WL 5912049, 2013 N.C. App. LEXIS 1148 (N.C. Ct. App. 2013).

Opinion

ELMORE, Judge.

The seminal issue before this Court is whether the trial court erred in granting the United Way of Haywood County, Inc., Celesa Willett, Michael Clinton (collectively the United Way defendants), and Victoria Young’s motions for summary judgment. The other named defendants have since settled their involvement in this matter. After careful consideration, we affirm.

I. Background

In September 2004, western North Carolina was struck by two hurricanes that caused severe flooding in local counties. Several nonprofit and governmental organizations provided flood relief, including the Haywood County Council on Aging, Inc. (the Council). At that time, plaintiff Denise Mathis (Mathis) acted as the CEO and Executive Director for the Council, and Victoria Young (Young) served as the Program Coordinator. Mathis volunteered the Council to host flood relief efforts for other non-profits in Haywood County.

Additionally, a “Governor’s Disaster Relief Fund” was implemented, whereby those counties needing assistance were directed to form “Unmet Needs Committees” (UNC) for the purpose of allocating relief funds. The Haywood County UNC acted as a clearinghouse for the disbursement of monies from the Governor’s relief fund, among others, including the United Way of Haywood County (the United Way). Celesa Willett (Willett), Executive Director for the United Way, and Michael Clinton (Clinton), Disaster Relief Coordinator, both volunteered on the UNC. Young is the only individual defendant in this action who did not volunteer on the UNC.

On 27 October 2004, the Council applied for a $91,000 flood relief grant from the United Way for building materials and household furnishings; it was granted $65,000. A condition of the grant required that the funds be held in a separate account and be distributed solely for flood-relief efforts. Accordingly, Mathis established a flood relief account, on which she was a signatory, to hold the grant and funds contributed by other charitable organizations. The funds were not to be used to pay the Council’s overhead expenses. The UNC was charged with authorizing the release of funds from the account.

In early 2006, the UNC learned that certain flood relief invoices had not been paid. Concern over a possible misuse of funds prompted the UNC to request that the Council turn over the remaining funds and bank statements from the flood relief account. In a meeting with [313]*313UNC members on 10 February 2006, Mathis was unwilling to answer questions or provide documentation related to the flood relief account. That same day, the Board of Directors for the Council voted to terminate her employment.

Constance Daly (Daly), the Chairman of the Council on Aging’s Board of Directors, informed Willett that funds were indeed missing and voluntarily provided the UN C with bank statements for the account. Willett determined that Mathis had authorized the transfer of more than $100,000 from the flood relief account to the Council’s general account to cover operating expenses without UNC approval. While Mathis admits to making the transfers, she contends that the transfers were not subject to UNC approval as they were not part of the one-time $65,000 grant. The United Way defendants argue that their approval was necessary, regardless of whether the funds originated from the United Way grant. Ultimately, the UNC requested that the United Way’s Board of Directors turn the investigation of missing funds over to proper legal authorities. Willett, in her capacity as Executive Director for the United Way, provided prosecuting authorities with the bank statements and other documentation evidencing the alleged embezzlement. Detective Tyler Trantham of the Waynesvifle Police Department began an investigation.

Around that time, Young resigned from her position as Program Coordinator with the Council after learning that Mathis was not depositing the employees’ 401(k) contributions into their accounts. Detective Trantham contacted Young as part of his investigation, and, on 22 February 2006, Young made a written statement addressing, inter alia, the alleged 401(k) contribution issue.

Eventually Mathis was indicted on fourteen counts of embezzlement of the funds from the flood relief account. However, prior to trial the Haywood County District Attorney’s Office dismissed the charges. On 5 November 2010, Mathis filed suit for malicious prosecution against the United Way of Haywood County, Inc., Willett and Clinton, both individually and in their representative capacities for the United Way, and Young, (collectively defendants). On 16 November 2012, the trial court granted defendants’ motions for summary judgment. Mathis timely appealed on 7 December 2012.

II. Malicious Prosecution

On appeal, Mathis argues that the trial court erred in granting defendants’ motions for summary judgment on her claim for malicious prosecution. We disagree.

[314]*314“Our standard of review of an appeal from summary judgment is de novo-, such judgment is appropriate only when the record shows that ‘there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.’ ” In re Will of Jones, 362 N.C. 569, 573, 669 S.E.2d 572, 576 (2008) (quoting Forbis v. Neal, 361 N.C. 519, 524, 649 S.E.2d 382, 385 (2007)) (citations and quotation omitted). “When considering a motion for summary judgment, the trial judge must view the presented evidence in a light most favorable to the nonmoving party.” Dalton v. Camp, 353 N.C. 647, 651, 548 S.E.2d 704, 707 (2001) (citation omitted). “If the movant demonstrates the absence of a genuine issue of material fact, the burden shifts to the nonmovant to present specific facts which establish the presence of a genuine factual dispute for trial. Nevertheless, [i]f there is any question as to the weight of evidence summary judgment should be denied.” Jones, 362 N.C. at 573-74, 669 S.E.2d at 576 (citations and quotations omitted) (alteration in original).

To recover for malicious prosecution, the plaintiff bears the burden of proving that the defendant: “(1) instituted, procured or participated in the criminal proceeding against plaintiff; (2) without probable cause; (3) with malice; and (4) the prior proceeding terminated in favor of plaintiff.” Williams v. Kuppenheimer Mfg. Co., Inc., 105 N.C. App. 198, 200, 412 S.E.2d 897, 899 (1992) Here, it is undisputed that the criminal prosecution ended in Mathis’ favor - the criminal charges against her were dropped. Accordingly, we need only address the first three elements discussed above.

A. Institution of Criminal Proceedings

Under the first element, Mathis contends that defendants instituted, procured or participated in the prior criminal proceeding because they “did not provide honest assistance, they in fact provided false and misleading information” to law enforcement. She relies on Kuppenheimer Mfg. Co., supra,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mackey v. City of Gastonia
W.D. North Carolina, 2022
Fox v. Johnson
Court of Appeals of North Carolina, 2021

Cite This Page — Counsel Stack

Bluebook (online)
749 S.E.2d 284, 230 N.C. App. 311, 2013 WL 5912049, 2013 N.C. App. LEXIS 1148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-dowling-ncctapp-2013.