green
Positive treatment
Quoted verbatim 1×
4.1 score
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Cited as authority (quoted)
Deluca v. River Bluff Holdings II, LLC
(2×)
when an amendment would be futile in light of the propriety of summary judgment on a plaintiff's claim, it is not an abuse of discretion for the trial court to deny the amendment.
discussed
Cited "see, e.g."
Monson v. Paramount Homes, Inc.
A complaint should not be dismissed "`unless it affirmatively appears that the plaintiff is entitled to no relief under any state of facts which could be presented in *451 support of the claim.'" Forsyth Memorial Hospital v. Armstrong World Industries, 336 N.C. 438, 444 , 444 S.E.2d 423, 427 (1994) (quoting Ladd v. Estate of Kellenberger, 314 N.C. 477, 481 , 334 S.E.2d 751, 755 (1985)); see also Arroyo v. Scottie's Professional Window Cleaning, 120 N.C.App. 154, 158 , 461 S.E.2d 13, 16 (1995) (noting that complaints must be liberally construed on a motion to dismiss), disc. review improvidentl…
Retrieving the full opinion text from the archive…
NORTH CAROLINA COUNCIL OF CHURCHES; and Jimmy Creech
v.
STATE of North Carolina; North Carolina Department of Corrections; and Franklin Freeman, in His Official Capacity.
v.
STATE of North Carolina; North Carolina Department of Corrections; and Franklin Freeman, in His Official Capacity.
433A95.
Supreme Court of North Carolina.
Apr 4, 1996.
Patterson, Harkavy & Lawrence by Burton Craige, Raleigh, for plaintiff-appellants.
Michael F. Easley, Attorney General by W. Dale Talbert and Jacob L. Safron, Special Deputy Attorneys General, and William McBlief, Associate Attorney General, for defendant-appellees.
PER CURIAM.
AFFIRMED.