Shore v. Brown, 378 S.E.2d 778 (N.C. 1989). · Go Syfert
Shore v. Brown, 378 S.E.2d 778 (N.C. 1989). Cases Citing This Book View Copy Cite
193 citation events (149 in the last 25 years) across 3 distinct courts.
Strongest positive: Orlando Residence, Ltd. v. Alliance Hosp. Mgmt., LLC (nc, 2020-08-14)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Orlando Residence, Ltd. v. Alliance Hosp. Mgmt., LLC (2×) also: Cited as authority (quoted)
N.C. · 2020 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
if the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.
examined Cited as authority (verbatim quote) Orlando Residence, Ltd. v. Alliance Hosp. Mgmt., LLC (2×) also: Cited as authority (quoted)
N.C. · 2020 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
if the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.
examined Cited as authority (verbatim quote) Steiner v. Windrow Estates Home Owners Ass'n (2×) also: Cited as authority (quoted)
N.C. Ct. App. · 2011 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.
examined Cited as authority (verbatim quote) A. Perin Development Co. v. Ty-Par Realty, Inc. (2×) also: Cited as authority (quoted)
N.C. Ct. App. · 2008 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the correct result has been reached, the judgment will not be disturbed even ' though the trial court may not have assigned the correct reason for the judgment entered.
examined Cited as authority (verbatim quote) In Re Estate of Pope (2×) also: Cited "see"
N.C. Ct. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal. if the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.
examined Cited as authority (verbatim quote) Felts v. Felts (2×) also: Cited as authority (quoted)
N.C. Ct. App. · 2008 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.
examined Cited as authority (verbatim quote) Wells v. North Carolina Department of Correction (2×) also: Cited "see"
N.C. Ct. App. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal. if the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered
examined Cited as authority (verbatim quote) Parrish v. Hayworth (2×) also: Cited as authority (quoted)
N.C. Ct. App. · 2000 · quote attribution · 2 verbatim quotes · confidence high
if the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.
examined Cited as authority (quoted) LeTendre v. Currituck Cty. (2×)
N.C. Ct. App. · 2018 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the 527 judgment entered.
examined Cited as authority (quoted) Heard-Leak v. N.C. State Univ. Ctr. for Urban Affairs (2×)
N.C. Ct. App. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.
examined Cited as authority (quoted) State v. Gerard (2×)
N.C. Ct. App. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.
examined Cited as authority (quoted) Waters v. Peaks (2×)
N.C. Ct. App. · 2015 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.
discussed Cited as authority (rule) EWC Raleigh CV, LLC v. EWC of Cameron Vill., Inc.
N.C. Ct. App. · 2026 · confidence medium
If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 (1989).
cited Cited as authority (rule) State v. Thomas
N.C. · 2026 · confidence medium
App. P. 28(c); Shore v. Brown, 324 N.C. 427, 428 (1989).
cited Cited as authority (rule) Bettis v. Weiss
N.C. Ct. App. · 2026 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 (1989).
cited Cited as authority (rule) Long v. Fowler
N.C. · 2025 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 (1989).
cited Cited as authority (rule) City of Roanoke Rapids v. Halifax Cnty.
N.C. Ct. App. · 2025 · confidence medium
Shore v. Brown, 324 N.C. 427, 428 (1989).
discussed Cited as authority (rule) Edwards v. Town of Louisburg
N.C. Ct. App. · 2023 · confidence medium
If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989) (citations omitted).
discussed Cited as authority (rule) Walker v. Wake Cty. Sheriff's Dep't
N.C. Ct. App. · 2022 · confidence medium
We address this argument as Sheriff Defendants raised it below and “[i]f the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989). ¶ 19 “Public official immunity precludes a suit against a public official in his individual capacity and protects him from liability as long as the public official ‘lawfully exercises the judgment and discretion with which he is invested by virtue of his office, keeps within the scope …
discussed Cited as authority (rule) Walker v. Wake Cty. Sheriff's Dep't
N.C. Ct. App. · 2022 · confidence medium
We address this argument as Sheriff Defendants raised it below and “[i]f the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989). ¶ 19 “Public official immunity precludes a suit against a public official in his individual capacity and protects him from liability as long as the public official ‘lawfully exercises the judgment and discretion with which he is invested by virtue of his office, keeps within the scope …
discussed Cited as authority (rule) Snow Enter.
N.C. Ct. App. · 2022 · confidence medium
App. 274, 277 , 727 S.E.2d 343, 346-47 (2012) (citation omitted). ¶ 34 Furthermore, “[i]f the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
discussed Cited as authority (rule) Snow Enter.
N.C. Ct. App. · 2022 · confidence medium
App. 274, 277 , 727 S.E.2d 343, 346-47 (2012) (citation omitted). ¶ 34 Furthermore, “[i]f the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Washington v. Cline
N.C. Ct. App. · 2019 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Lopp v. Anderson
N.C. Ct. App. · 2016 · confidence medium
Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989) (citation omitted) (“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.
cited Cited as authority (rule) Point S. Props.
N.C. Ct. App. · 2015 · confidence medium
App. 767, 768 , 468 S.E.2d 463, 465 (1996) (citing Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989)).
cited Cited as authority (rule) CB Windswept
N.C. Ct. App. · 2015 · confidence medium
App. 767, 768 , 468 S.E.2d 463, 465 (1996) (citing Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989)).
discussed Cited as authority (rule) Davis v. Woodlake Partners, LLC
N.C. Ct. App. · 2013 · confidence medium
However, “[i]f the correct result has been reached [in the trial court], the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Robinson v. Duke University Health Systems, Inc.
N.C. Ct. App. · 2013 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
discussed Cited as authority (rule) Adams Creek Associates v. Davis
N.C. Ct. App. · 2013 · confidence medium
If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Wells Fargo Bank, N.A. v. Arlington Hills of Mint Hill, LLC
N.C. Ct. App. · 2013 · confidence medium
Moreover, “[i] f the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
examined Cited as authority (rule) Falk v. Fannie Mae (3×) also: Cited "see"
unknown court · 2013 · confidence medium
If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Philips v. Pitt County Memorial Hospital Inc.
N.C. Ct. App. · 2012 · confidence medium
Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) NRC Golf Course, LLC v. JMR Golf, LLC
N.C. Ct. App. · 2012 · confidence medium
App. 767, 768 , 468 S.E.2d 463, 465 (1996) (citing Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989)).
cited Cited as authority (rule) Lamb v. D.S. Duggins Welding, Inc.
N.C. Ct. App. · 2012 · confidence medium
App. 767, 768 , 468 S.E.2d 463, 465 (1996) (citing Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989)).
discussed Cited as authority (rule) Hindman v. Appalachian State University
N.C. Ct. App. · 2012 · confidence medium
If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
discussed Cited as authority (rule) Cobb v. Pennsylvania Life Insurance
N.C. Ct. App. · 2011 · confidence medium
App. 668, 672 , 649 S.E.2d 658, 661 (2007). “ ‘If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.’ ” Id. (quoting Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989)).
discussed Cited as authority (rule) Cleveland Construction, Inc. v. Ellis-Don Construction, Inc.
N.C. Ct. App. · 2011 · confidence medium
As the application specifies, the owner of the project and EDCI, as the prime contractor, as well as others, intended to “rel[y]” on “[t]his certification.” Having received periodic, CCI is now precluded from asserting the claims which it expressly “acknowledge [d]” that it did not have as a condition of payment. *531 While Judge Gessner granted EDCI’s motion for partial summary judgment on CCI’s unreserved pre-21 June 2001 claims on the basis that CCI had waived and released these claims, our Supreme Court has explained that “[i]f the granting of summary judgment can be sust…
cited Cited as authority (rule) Rankin v. Food Lion
N.C. Ct. App. · 2011 · confidence medium
App.-, -, 702 S.E.2d 814 ,-(2010) (quoting Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989)).
discussed Cited as authority (rule) Haugh v. County of Durham
N.C. Ct. App. · 2010 · confidence medium
If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989) (citing Sanitary District v. Lenoir, 249 N.C. 96 , 105 S.E.2d 411 (1958); Hayes v. Wilmington, 243 N.C. 525 , 91 S.E.2d 673 (1956)).
cited Cited as authority (rule) Bradley v. Bradley
N.C. Ct. App. · 2010 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Kluttz v. NEXT SAFETY, INC.
N.C. Ct. App. · 2010 · confidence medium
"If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal." Shore v. Brown, 324 N.C. 427, 428, 378 , S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Metcalf v. Black Dog Realty, LLC
N.C. Ct. App. · 2009 · confidence medium
Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) WEIN II, LLC v. Porter
N.C. Ct. App. · 2009 · confidence medium
App. 189, 190 , 657 S.E.2d 694, 695 (2008) (quoting Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989)).
discussed Cited as authority (rule) Hejl v. Hood, Hargett & Associates, Inc.
N.C. Ct. App. · 2009 · confidence medium
If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989) (citing Sanitary District v. Lenoir, 249 N.C. 96 , 105 S.E.2d 411 (1958) and Hayes v. Wilmington, 243 N.C. 525 , 91 S.E.2d 673 (1956)).
cited Cited as authority (rule) Azar v. Presbyterian Hospital
N.C. Ct. App. · 2008 · confidence medium
However, “[i]f the granting *371 of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
discussed Cited as authority (rule) Anderson v. Crouch (2×)
N.C. Ct. App. · 2008 · confidence medium
In Shore v. Brown, our Supreme Court held that the third-party claim was abated because "[w]hen the third-party complaint was filed . . . that identical issue was already pending in a prior action between the same parties[.]" 324 N.C. 427, 429 , 378 S.E.2d 778, 779 (1989).
discussed Cited as authority (rule) Devaney v. Miller
N.C. Ct. App. · 2008 · confidence medium
However, “[i]f the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989). 9 .
cited Cited as authority (rule) CIM Ins. Corp. v. Cascade Auto Glass, Inc.
N.C. Ct. App. · 2008 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Hill Ex Rel. Hill v. West
N.C. Ct. App. · 2008 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
cited Cited as authority (rule) Fairview Developers, Inc. v. Miller
N.C. Ct. App. · 2007 · confidence medium
“If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).
Retrieving the full opinion text from the archive…
NORA SHORE, Plaintiff
v.
DOYLE BROWN and Wife, COLEEN B. BROWN, Defendants and Third-Party Plaintiffs v. LUMBERMENS MUTUAL CASUALTY COMPANY and GENERAL MOTORS CORPORATION, Third-Party Defendants
470PA88.
Supreme Court of North Carolina.
May 4, 1989.
378 S.E.2d 778
Franklin Smith for defendants and third-party plaintiffs, appellees. , Parker, Poe, Thompson, Bernstein, Gage & Preston, by Irvin W. Hankins III and Kevin A. Dunlap, for third-party defendant Lumbermens Mutual Casualty Company, appellant.
Martin.
Cited by 88 opinions  |  Published
4 passages pin-cited by 10 cases
Pinpoint authority: #8,239 of 633,719
Citer courts: Court of Appeals of North Caro… (12) · Supreme Court of North Carolina (2)
MARTIN, Justice.

We hold that the Court of Appeals erred in reversing the trial court’s entry of summary judgment for Lumbermens ,Mutual Casualty Company.

This appeal arises from an automobile collision in which Nora Shore and Joan Hinson were injured when their car was struck by the car operated by Coleen Brown and owned by Doyle Brown. On 13 October 1986 at 11:17 a.m., the case of Doyle Brown and Coleen B. Brown v. Lumbermens Mutual Casualty Company and General Motors Corporation (hereinafter Brown v. Lumbermens) was filed, the Browns alleging that Lumbermens breached its con[*428] tractual duty arising on their insurance policy by failing to defend them in Joan Hinson’s suit against the Browns. This case was filed in Davie County.

On 13 October 1986 at 5:29 p.m. in Yadkin County, Nora Shore filed this action against the Browns. On 6 January 1987, the Browns filed the third-party complaint against Lumbermens which is the subject of this appeal. In this cross-action the Browns again alleged that in violation of its contractual duty under the policy, Lumbermens failed to provide them with a defense of this action.

On 6 March 1987, Lumbermens filed a motion for summary judgment on the grounds, among others, that the court did not have subject matter jurisdiction over the claims alleged against Lumbermens because the same claims had been adjudicated in the Davie County action and therefore the claims are barred by the doctrine of res judicata. Lumbermens’ motion further stated that at the time the third-party complaint was filed against it in the Shore action, the same claims had already been alleged against it in the prior pending action in Davie County.

On 7 July 1987, the trial court allowed Lumbermens’ motion and dismissed the third-party action against Lumbermens. On appeal the Court of Appeals held that in Brown v. Lumbermens it had reversed the summary judgment for Lumbermens on the claim of violating its contractual duty to defend; therefore, summary judgment should not have been entered for Lumbermens on that claim in the Shore case. Other issues decided by the Court of Appeals are not before us on this appeal.

The Court of Appeals failed to consider the doctrine of prior action pending in deciding this appeal. In this the Court of Appeals erred. If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal. If the correct result has been reached, the judgment will not be disturbed even though the trial court may not have assigned the correct reason for the judgment entered. Sanitary District v. Lenoir, 249 N.C. 96, 105 S.E. 2d 411 (1958); Hayes v. Wilmington, 243 N.C. 525, 91 S.E. 2d 673 (1956). Although the trial court based the summary judgment on res judicata, which the Court of Appeals found was error, the record and Lumbermens’ motion clearly support[*429] the doctrine of prior action pending as a basis for the summary judgment.

When the third-party complaint was filed in this action alleging that Lumbermens failed to provide the Browns with a defense under the insurance contract, that identical issue was already pending in a prior action between the same parties in Davie County. At the summary judgment hearing, the trial court had before it the record in the case of Brown v. Lumbermens, Davie County, raising the same issue between the parties.

The authorities are legion in North Carolina that the pending of a prior action between the same parties for the same cause of action in a court of competent jurisdiction works an abatement of a subsequent action either in the same court or another court of the same state having jurisdiction. E.g., Conner Co. v. Quenby Corp., 272 N.C. 214, 158 S.E. 2d 22 (1967); Sales Co. v. Seymour, 255 N.C. 714, 122 S.E. 2d 605 (1961); Pittman v. Pittman, 248 N.C. 738, 104 S.E. 2d 880 (1958); Cox v. Cox, 246 N.C. 532, 98 S.E. 2d 883 (1957). All claims between the Browns and Lumbermens will be adjudicated in the prior pending action of Brown v. Lumbermens in Davie County. We hold that the third-party claim by the Browns against Lumbermens in the case sub judice is abated and that the trial court properly granted summary judgment in favor of Lumbermens.

The decision of the Court of Appeals reversing the summary judgment for Lumbermens on the third-party complaint allegations that Lumbermens violated its duty to defend the Browns is reversed. The cause is remanded to the Court of Appeals for further remand to the Superior Court, Yadkin County, for reinstatement of the summary judgment in favor of Lumbermens.

Reversed in part and remanded.