dismisses claim (North Carolina) · Go Syfert
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dismisses claim in North Carolina

5 North Carolina opinions name it 3 courts 2009–2020 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Moore v. Propergreen
nc · 2012 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020In Moore v. Proper, this Court held that when a trial court dismisses a claim because it does not comply with Rule 9(j), appellate courts only ask whether competent evidence in the record supports the trial court’s findings of fact and those facts support its decision. 366 N.C. 25, 32 , 726 S.E.2d 812, 818 (2012).

2020In Moore v. Proper, this Court held that when a trial court dismisses a claim because it does not comply with Rule 9(j), appellate courts only ask whether competent evidence in the record supports the trial court’s findings of fact and those facts support its decision. 366 N.C. 25, 32 , 726 S.E.2d 812, 818 (2012).

22
Green v. Freemangreen
nc · 2013 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014See Green v. Freeman, 367 N.C. 136, 146 , 749 S.E.2d 262, 271 (2013) (“The doctrine of piercing the corporate veil is not a theory of liability.

2014See Green v. Freeman, 367 N.C. 136, 146 , 749 S.E.2d 262, 271 (2013) (“The doctrine of piercing the corporate veil is not a theory of liability.

11
Hill v. Westgreen
ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2009–2009
2 sentences

2009When, as Judge Smith did in this case, a trial court dismisses a claim under Rule 12(b)(6) for failure to state a claim for relief, that dismissal “ ‘operates as an adjudication on the merits unless the court specifies that the dismissal is without prejudice.’ ” Hill v. West, 189 N.C.

2009App. 194, 198 , 657 S.E.2d 698, 700 (2008) (quoting Clancy v. Onslow County, 151 N.C.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Southerland v. Kapp green
ncctapp · 1982
2 sentences

2015However, unlike a motion to dismiss under Rule 12(b)(6), the purpose of summary judgment under Rule 56 is not to test the legal sufficiency of the pleadings, but rather, in reviewing evidentiary material from outside the pleadings, "to provide an efficient method for determining whether a material issue of fact actually exists." Southerland v. Kapp, 59 N.C.App. 94 , 95, 295 S.E.2d 602 , 603 (1982).

2015However, unlike a motion to dismiss under Rule 12(b)(6), the purpose of summary judgment under Rule 56 is not to test the legal sufficiency of the pleadings, but rather, in reviewing evidentiary material from outside the pleadings, "to provide an efficient method for determining whether a material issue of fact actually exists." Southerland v. Kapp, 59 N.C.App. 94 , 95, 295 S.E.2d 602 , 603 (1982).

12015–2015
County of Durham v. Daye green
ncctapp · 2009
2 sentences

2015Therefore, where "a trial court dismisses a claim under Rule 12(b)(6) for failure to state a claim for relief, that dismissal operates as an adjudication on the merits unless the court specifies that the dismissal is without prejudice." Cnty. of Durham v. Daye, 195 N.C.App. 527 , 532, 673 S.E.2d 683 , 687 (2009) (internal marks omitted).

2015Therefore, where "a trial court dismisses a claim under Rule 12(b)(6) for failure to state a claim for relief, that dismissal operates as an adjudication on the merits unless the court specifies that the dismissal is without prejudice." Cnty. of Durham v. Daye, 195 N.C.App. 527 , 532, 673 S.E.2d 683 , 687 (2009) (internal marks omitted).

12015–2015
Clancy v. Onslow County green
ncctapp · 2002
1 sentence

2009App. 194, 198 , 657 S.E.2d 698, 700 (2008) (quoting Clancy v. Onslow County, 151 N.C.

12009–2009

Where else courts name it

TX 60 (1999–2022) NC 5 (2009–2020) ID 4 (2010–2026) UT 4 (2016–2022) ME 3 (2005–2023) MO 2 (1997–2021) WA 2 (1990–2017) IL 2 (2025–2025) AL 2 (2002–2002) NY 2 (1986–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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