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25 North Carolina opinions name it 3 courts 1969–2025 3 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.
| Case | Followed | Cited |
|---|---|---|
Brooks v. Brooksgreen2 sentences2020“While this guiding principle is clear, decision in particular cases is often difficult and necessarily a wide discretion is vested in the trial [court].” Id. 2020“The guiding principle to be used by the court in a custody hearing is the welfare of the child or children involved.” Brooks v. Brooks, 12 N.C. | 3 | 4 |
Clark v. Clarkgreen2 sentences1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t 1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t | 1 | 2 |
Rosero v. Blakegreen1 sentence2025Rosero v. Blake, 357 N.C. 193, 207 (2003); see also N.C.G.S. § 50-13.2 (2025). | 1 | 1 |
State v. Sellersgreen1 sentence2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995). | 1 | 1 |
State v. Rambertgreen2 sentences2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995). 2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995). | 1 | 1 |
State v. Sellersgreen1 sentence2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995). | 1 | 1 |
Currituck Associates—Residential Partnership v. Hollowellgreen1 sentence2022Ct. App. 2020) (“The guiding principle underlying the frustration of purpose doctrine is to ‘give relief in a situation where the parties could not reasonably have protected themselves by the terms of the contract against contingencies which later arose.’ ” (quoting Currituck Assocs. - Residential P’ship v. Hollowell, 166 N.C. | 1 | 1 |
WRI/Raleigh, L.P. v. Shaikhgreen1 sentence2022App. 17, 29 (2004)); see also WRI/Raleigh, L.P., 183 N.C. | 1 | 1 |
Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)green1 sentence2019Weisberg v. U.S. Dep’t of Justice, 745 F.2d 1476, 1485 (D.C. | 1 | 1 |
In Re the Appeal From the Civil Penaltygreen2 sentences2014See, e.g., In re Appeal from Civil Penalty, 324 N.C. 373, 384 , 379 S.E.2d 30, 37 (1989) (“Where a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher court.”). 2014See, e.g., In re Appeal from Civil Penalty, 324 N.C. 373, 384 , 379 S.E.2d 30, 37 (1989) (“Where a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher court.”). | 1 | 1 |
Falkson v. Clayton Land Corp.green2 sentences2006See Falkson v. Clayton Land Corp., ___ N.C.App. ___, ___, 621 S.E.2d 215, 216-17 (2005) (citing Bowman as general rule). 2006See Falkson v. Clayton Land Corp., 174 N.C. | 1 | 1 |
In Re Inquiry Concerning Judge Hardygreen2 sentences1994In re Hardy, 294 N.C. 90, 95 , 240 S.E.2d 367, 371 (1978). 1994In re Hardy, 294 N.C. 90, 95 , 240 S.E.2d 367, 371 (1978). | 1 | 1 |
Cobb v. Cobbgreen2 sentences1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t 1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t | 1 | 1 |
State v. . Childressgreen2 sentences1981State v. Childress, 228 N.C. 208, 210 , 45 S.E. 2d 42, 44 (1947). 1981State v. Childress, 228 N.C. 208, 210 , 45 S.E. 2d 42, 44 (1947). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Crosrol Carding Developments, Inc. v. Gunter & Cooke, Inc.
green
2 sentences2015A dismissal under Rule 12(b)(7) is not considered to be on the merits and is without prejudice.’ Id. at 453–54, 183 S.E.2d at 838 (quoting 5 Wright & Miller, Federal Practice and Procedure, § 1359, pp. 628, 631). {20} Defendants contend that Roland and his Window World franchisees are necessary parties to Count 1 and 2 in the Lomax Action, and that the Lomax/Gillette Plaintiffs’ failure to join the Roland Plaintiffs as party-plaintiffs should result in dismissal of these two claims. 2015A dismissal under Rule 12(b)(7) is not considered to be on the merits and is without prejudice.’ Id. at 453–54, 183 S.E.2d at 838 (quoting 5 Wright & Miller, Federal Practice and Procedure, § 1359, pp. 628, 631). {20} Defendants contend that Roland and his Window World franchisees are necessary parties to Count 1 and 2 in the Lomax Action, and that the Lomax/Gillette Plaintiffs’ failure to join the Roland Plaintiffs as party-plaintiffs should result in dismissal of these two claims. | 1 | 2015–2015 |
Conyers v. New Hanover County Schools
green
2 sentences2014This, in turn, violates the guiding principle and primary intent of the statute—obtaining “results that are fair and just to both employer and employee.” Conyers, 188 N.C. 2014App. at 256 , 654 S.E.2d at 748 . | 1 | 2014–2014 |
Winborne v. Winborne
green
1 sentence2003Winborne, id. | 1 | 2003–2003 |
Matter of Jones
green
1 sentence1999In re Jones, 62 N.C. | 1 | 1999–1999 |
Beaman v. Beaman
green
2 sentences1991In Beaman v. Beaman, 77 N.C.App. 717 , 336 S.E.2d 129 (1985), this Court, in looking at the dependent spouse's income alone, affirmed the trial court's awarding of attorney fees. 1991In Beaman v. Beaman, 77 N.C.App. 717 , 336 S.E.2d 129 (1985), this Court, in looking at the dependent spouse's income alone, affirmed the trial court's awarding of attorney fees. | 1 | 1991–1991 |
Towne v. Eisner
green
2 sentences1984Towne v. Eisner, 245 U.S. 418 , 62 L.Ed. 372 . 1984Towne v. Eisner, 245 U.S. 418 , 62 L.Ed. 372 . | 1 | 1984–1984 |
Long v. Branham
green
2 sentences1983The guiding principle in the construction of restrictive covenants is as follows: *734 While the intentions of the parties to restrictive covenants ordinarily control the construction of the covenants, e.g., Long v. Branham, 271 N.C. 264 , 156 S.E. 2d 235 (1967), see generally, J. 1983The guiding principle in the construction of restrictive covenants is as follows: *734 While the intentions of the parties to restrictive covenants ordinarily control the construction of the covenants, e.g., Long v. Branham, 271 N.C. 264 , 156 S.E. 2d 235 (1967), see generally, J. | 1 | 1983–1983 |
Cummings v. Dosam, Inc.
green
2 sentences1983Webster, Real Estate Law in North Carolina § 346 (1971), such covenants are not favor[e]d by the law, e.g., Cummings v. Dosam, Inc., 273 N.C. 28 , 159 S.E. 2d 513 (1968), and they will be strictly construed to the end that all ambiguities will be resolved in favor of the unrestrained use of land. 1983Webster, Real Estate Law in North Carolina § 346 (1971), such covenants are not favor[e]d by the law, e.g., Cummings v. Dosam, Inc., 273 N.C. 28 , 159 S.E. 2d 513 (1968), and they will be strictly construed to the end that all ambiguities will be resolved in favor of the unrestrained use of land. | 1 | 1983–1983 |
Efird v. Efird
neutral
2 sentences1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951). 1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951). | 1 | 1980–1980 |
Kale v. Forrest
green
2 sentences1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951). 1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951). | 1 | 1980–1980 |
McKeiver v. Pennsylvania
green
2 sentences1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969). 1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969). | 1 | 1975–1975 |
In Re Burrus
green
2 sentences1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969). 1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969). | 1 | 1975–1975 |
Shepherd v. Shepherd
green
2 sentences1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224. 1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224. | 1 | 1973–1973 |
Brake v. Van Mills
green
2 sentences1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224. 1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224. | 1 | 1973–1973 |
Wilson v. Wilson
green
2 sentences1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224. 1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224. | 1 | 1973–1973 |
| Clark v. Connor green | 1 | 1971–1971 |
Olive v. Biggs
green
2 sentences1971Olive v. Biggs, 276 N.C. 445 , 173 S.E. 2d 301 (1970) ; Clark v. Connor, 253 N.C. 515 , 117 S.E. 2d 465 (1960). 1971Olive v. Biggs, 276 N.C. 445 , 173 S.E. 2d 301 (1970) ; Clark v. Connor, 253 N.C. 515 , 117 S.E. 2d 465 (1960). | 1 | 1971–1971 |
| In Re the Custody of Pitts green | 1 | 1969–1969 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.