18 North Carolina opinions name it 3 courts 1889–2025 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 |
|---|---|---|
Rowe v. Rowegreen2 sentences1998Dependency Defendant also contends that her alimony obligations should be modified because circumstances have changed in that Plaintiff is no longer a “dependent spouse.” Plaintiff’s status as a dependent spouse, however, was “permanently adjudicated by the original order,” Rowe v. Rowe, 305 N.C. 177, 187 , 287 S.E.2d 840, 846 (1982), and “the trial court, on a modification hearing, does not retry the issues tried at the original hearing,” Cunningham, 345 N.C. at 435 , 480 S.E.2d at 406 . 1998Dependency Defendant also contends that her alimony obligations should be modified because circumstances have changed in that Plaintiff is no longer a “dependent spouse.” Plaintiff’s status as a dependent spouse, however, was “permanently adjudicated by the original order,” Rowe v. Rowe, 305 N.C. 177, 187 , 287 S.E.2d 840, 846 (1982), and “the trial court, on a modification hearing, does not retry the issues tried at the original hearing,” Cunningham, 345 N.C. at 435 , 480 S.E.2d at 406 . | 2 | 3 |
Shipman v. Shipmangreen2 sentences2022See Shipman, 357 N.C. at 474 , 586 S.E.2d at 253 (“As in most child custody proceedings, a trial court’s principal objective is to measure whether a change CASH V. 2022See Shipman, 357 N.C. at 474 , 586 S.E.2d at 253 (“As in most child custody proceedings, a trial court’s principal objective is to measure whether a change CASH V. | 2 | 2 |
Bogan v. Bogangreen2 sentences2018See Bogan v. Bogan , 134 N.C. 2018See Bogan v. Bogan, 134 N.C. | 1 | 1 |
Brenner v. Little Red School House, Ltd.green1 sentence2015Brenner v. Little Red School House, Ltd., 302 N.C. 207, 215 (1981); see also Hudson v. Wesley College, 1994 Del. | 1 | 1 |
Hovnanian Land Investment Group, LLC v. Annapolis Towne Centre at Parole, LLCgreen1 sentence2012See id. at 122, 25 A.3d at 983 (“Yet, whether subsequent conduct of the parties amounts to a modification or waiver of their contract is generally a question of fact to be decided by the trier of fact.” (internal quotation marks omitted)). | 1 | 1 |
Simmons v. Arriolagreen1 sentence2011App. 671, 674-76 , 586 S.E.2d 809, 811-12 (2003) (according no deference to the trial court’s modification standard determinations). | 1 | 1 |
Smith v. Louis Berkman Co.green2 sentences2010Ann. § 411.320 (West 2006); see also Smith v. Louis Berkman Co., 894 F.Supp. 1084, 1090 (W.D.Ky.1995)("KRS 411.320 indicates the Kentucky legislature's intent to benefit product manufacturers by precluding their tort liability when their products are modified or altered by someone else."). 2010Stat. Ann. § 411.320 (West 2006); see also Smith v. Louis Berkman Co., 894 F.Supp. 1084, 1090 (W.D. | 1 | 1 |
Windemere Homeowners Ass'n Inc. v. McCuegreen1 sentence2005Also, in Windemere Homeowners’ Ass’n v. McCue, the Montana Supreme Court upheld amendments to the original restrictive covenants which created a homeowners’ association and gave the association the right to assess and collect assessments for the costs of road maintenance. 990 P.2d 769, 773 (Mont., 1999) (“We hold that the language of the original declaration of restrictive covenants was broad enough to authorize the subsequent 1997 Amendment by a super-majority of sixty-five percent or more of the property owners.”). | 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 |
|---|---|---|
Coble v. Coble
green
1 sentence2025Similarly, our standard of review demands the same logical sequence where “evidence must support findings; findings must support conclusions; conclusions must support the judgment . . . . each link in the chain of reasoning must appear in the order itself” and “[w]here there is a gap, it cannot be determined on appeal whether the trial court correctly exercised its function to find the facts and apply the law thereto.” Coble, 300 N.C. at 714 . | 1 | 2025–2025 |
Everette v. Collins
green
1 sentence2011“Absent an abuse of discretion, the trial court’s decision in matters of child custody should not be upset on appeal.” Everette, 176 N.C. | 1 | 2011–2011 |
Cunningham v. Cunningham
green
2 sentences1998Dependency Defendant also contends that her alimony obligations should be modified because circumstances have changed in that Plaintiff is no longer a “dependent spouse.” Plaintiff’s status as a dependent spouse, however, was “permanently adjudicated by the original order,” Rowe v. Rowe, 305 N.C. 177, 187 , 287 S.E.2d 840, 846 (1982), and “the trial court, on a modification hearing, does not retry the issues tried at the original hearing,” Cunningham, 345 N.C. at 435 , 480 S.E.2d at 406 . 1998Dependency Defendant also contends that her alimony obligations should be modified because circumstances have changed in that Plaintiff is no longer a “dependent spouse.” Plaintiff’s status as a dependent spouse, however, was “permanently adjudicated by the original order,” Rowe v. Rowe, 305 N.C. 177, 187 , 287 S.E.2d 840, 846 (1982), and “the trial court, on a modification hearing, does not retry the issues tried at the original hearing,” Cunningham, 345 N.C. at 435 , 480 S.E.2d at 406 . | 1 | 1998–1998 |
Welsher v. Rager
green
1 sentence1998We recently reached the same conclusion on a similar issue in Welsher v. Rager, 127 N.C. | 1 | 1998–1998 |
Rowe v. Rowe
green
2 sentences1997The Court of Appeals opinion in Rowe v. Rowe, 52 N.C.App. 646 , 280 S.E.2d 182 (1981), was directly on point, and as I read the Supreme Court's decision in Rowe, was neither overruled nor contradicted by this *410 Court. 1997The Court of Appeals opinion in Rowe v. Rowe, 52 N.C.App. 646 , 280 S.E.2d 182 (1981), was directly on point, and as I read the Supreme Court's decision in Rowe, was neither overruled nor contradicted by this *410 Court. | 1 | 1997–1997 |
Quaker Furniture House, Inc. v. Ball
green
1 sentence1980In Furniture House, Inc. v. Ball, 31 N.C. *502 App. 140, 228 S.E. 2d 475 (1976), we held that the service of answer is both a “pleading” and an “appearance” for purposes of Rule 55, which provides that default can be entered only if defendant fails to “plead” or is otherwise subject to default and that default judgment can be entered only if defendant fails to “appear”. | 1 | 1980–1980 |
Grant v. Banks
green
1 sentence1979The Court then sought to bring the two lines of authority into harmony and to make each line of authority consistent with the other when it stated that: The cases where the Court has looked to the intent of the testator were not overruled, but were distinguished by Green v. Green, supra, on the ground that “those cases and others of similar import illustrate the modification of the rule when the language of the devise is sufficiently comprehensive to prevent the application of the principle of ademption.” Id. at 481, 155 S.E. 2d at 92-93 . | 1 | 1979–1979 |
State v. . Angel
green
2 sentences1936The single modification of this requirement, sanctioned by the decisions, is, that where, from lack of sufficient time or other cogent reason, the case is not ready for bearing, it is permissible for the appellant, within the time prescribed, to docket the record proper and move for a certiorari, which motion may be allowed by the Court in its discretion, on sufficient showing (S. v. Angel, 194 N. C., 715 , 140 S. E., 727 ), but such writ is not one to which the moving party is entitled as a matter of right. 1936The single modification of this requirement, sanctioned by the decisions, is, that where, from lack of sufficient time or other cogent reason, the case is not ready for bearing, it is permissible for the appellant, within the time prescribed, to docket the record proper and move for a certiorari, which motion may be allowed by the Court in its discretion, on sufficient showing (S. v. Angel, 194 N. C., 715 , 140 S. E., 727 ), but such writ is not one to which the moving party is entitled as a matter of right. | 1 | 1936–1936 |
State v. . Farmer
green
2 sentences1936S. v. Farmer, 188 N. C., 243 , 124 S. E., 562 . 1936S. v. Farmer, 188 N. C., 243 , 124 S. E., 562 . | 1 | 1936–1936 |
Council v. . Averett
neutral
1 sentence1913The general rule undoubtedly is that where land is devised to be sold for division among the heirs or devisees, without more, the executor is without power to convey (Council v. Averett, 95 N. C., 131 ), but the rule yields when a contrary intention appears from the terms of the will, and we are of opinion that the modification of the rule should prevail in the present case. | 1 | 1913–1913 |
Saunders v. . Saunders
neutral
1 sentence1913The will disposes of a large real and personal estate, including the land in controversy, and directs very generally a sale of the same for division among the heirs, legatees, etc., chiefly among his four children, and concludes with the provision appointing the executors: “To all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and *568 clause thereof.” A clause of this character was held to confer on an executor the power to sell realty in Saunders v. Saunders, 108 N. C., 327 , and the authority is decisive of | 1 | 1913–1913 |
Wilson v. Norfolk & Southern Railroad
neutral
1 sentence1889R. , 90 N.C. 69 . | 1 | 1889–1889 |
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.