Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
14 North Carolina opinions name it 2 courts 1994–2026 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 |
|---|---|---|
Lee v. Baxtergreen2 sentences2026According to the Lee court, Ford’s comparison fell short because “[u]nlike a claim for immunity, Ford’s right to raise the statute of repose defense will not be lost if we do not review the case prior to a final judgment” because “[t]he only loss Ford will suffer will be the time and expense of trial.” Id. at 520 . 2026In Byrd, our Supreme Court expressly overruled this Court’s holding in Lee v. Baxter that a “a statute of repose does not confer a substantial right and therefore an order denying a statute of repose defense is not immediately appealable.” Id. at 41, 44 , 927 S.E.2d at 20, 22 (citing Lee v. Baxter, 147 N.C. | 2 | 3 |
Bryant v. Adamsgreen2 sentences2017App. 448 , 448 S.E.2d 832 (1994), disc. review denied , 339 N.C. 736 , 454 S.E.2d 647 (1995), to argue equitable estoppel may defeat a statute of repose defense. 2011“Equitable estoppel may also defeat a defendant’s statute of repose defense.” Id. at 460 , 448 S.E.2d at 838 . “ ‘The essential elements of estoppel are (1) conduct on the part of the party sought to be estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct will be acted on by the other party; and (3) knowledge, actual or constructive, of the real facts.’ ” Id. (quoting Hensell v. Winslow, 106 N.C. | 1 | 4 |
One North McDowell Ass'n of Unit Owners, Inc. v. McDowell Development Co.green2 sentences2008App. 125 , 389 S.E.2d 834 (1990), for the proposition that “[e]quitable estoppel may . . . defeat a defendant’s statute of repose defense.” Wood at 220 , 601 S.E.2d at 314 . 2001See Bryant v. Adams, 116 N.C.App. 448, 460 , 448 S.E.2d 832, 838 (1994) ("Equitable estoppel may ... defeat a defendant's statute of repose defense."), disc. review denied, 339 N.C. 736 , 454 S.E.2d 647 (1995); One North McDowell Assn. v. McDowell Development Co., 98 N.C.App. 125, 127-28 , 389 S.E.2d 834, 836 (stating that "[i]t is well established that the doctrine of equitable estoppel will deny the right to assert a defense based on lapse of time" and concluding that "Defendants are therefore estopped from raising [the statute of repose] in bar of plaintiffs' action"), disc. review denied, | 1 | 4 |
Wood v. BD&A Construction, L.L.C.green2 sentences2016L.L.C., 166 N.C.App. 216 , 220, 601 S.E.2d 311 , 314 (2004), that "[e]quitable estoppel may also defeat a defendant's statute of repose defense." This quotation is taken out of context. 2016L.L.C., 166 N.C.App. 216 , 220, 601 S.E.2d 311 , 314 (2004), that "[e]quitable estoppel may also defeat a defendant's statute of repose defense." This quotation is taken out of context. | 1 | 3 |
Brookwood Unit Ownership Ass'n v. Delongreen2 sentences2017App. 448 , 448 S.E.2d 832 (1994), disc. review denied , 339 N.C. 736 , 454 S.E.2d 647 (1995), to argue equitable estoppel may defeat a statute of repose defense. 2001See Bryant v. Adams, 116 N.C.App. 448, 460 , 448 S.E.2d 832, 838 (1994) ("Equitable estoppel may ... defeat a defendant's statute of repose defense."), disc. review denied, 339 N.C. 736 , 454 S.E.2d 647 (1995); One North McDowell Assn. v. McDowell Development Co., 98 N.C.App. 125, 127-28 , 389 S.E.2d 834, 836 (stating that "[i]t is well established that the doctrine of equitable estoppel will deny the right to assert a defense based on lapse of time" and concluding that "Defendants are therefore estopped from raising [the statute of repose] in bar of plaintiffs' action"), disc. review denied, | 1 | 2 |
Buchanan v. Atlantic Indemnity Co.green2 sentences2017App. 448 , 448 S.E.2d 832 (1994), disc. review denied , 339 N.C. 736 , 454 S.E.2d 647 (1995), to argue equitable estoppel may defeat a statute of repose defense. 2001See Bryant v. Adams, 116 N.C.App. 448, 460 , 448 S.E.2d 832, 838 (1994) ("Equitable estoppel may ... defeat a defendant's statute of repose defense."), disc. review denied, 339 N.C. 736 , 454 S.E.2d 647 (1995); One North McDowell Assn. v. McDowell Development Co., 98 N.C.App. 125, 127-28 , 389 S.E.2d 834, 836 (stating that "[i]t is well established that the doctrine of equitable estoppel will deny the right to assert a defense based on lapse of time" and concluding that "Defendants are therefore estopped from raising [the statute of repose] in bar of plaintiffs' action"), disc. review denied, | 1 | 2 |
Hargett v. Hollandgreen1 sentence2026See Hargett, 337 N.C. at 654 (“A statute of repose creates an additional element of the claim itself which must be satisfied in order for the claim to be maintained.”); McCrater v. Stone & Webster Eng’g Corp., 248 N.C. -36- BYRD V. | 1 | 1 |
Black v. Littlejohngreen1 sentence2025See Black, 312 N.C. at 633 (describing statutes of repose as substantive, condition precedents, that “prevents a plaintiff's right of action even before his cause of action may accrue . . . .”). | 1 | 1 |
Head v. Gould Killian Cpa Grp., P.A.green2 sentences2018The dissent rejected the majority’s statute of repose analysis, instead concluding that the last act or omission regarding the “2006 and 2007 tax returns occurred on 12 December 2008, when Defendants hand delivered Plaintiff her 2007 prepared returns.” Id. at ___, 795 S.E.2d at 151 (Enochs, J., concurring in part and dissenting in part). 2018The dissent rejected the majority's statute of repose analysis, instead concluding that the last act or omission regarding the "2006 and 2007 tax returns occurred on 12 December 2008, when Defendants hand delivered Plaintiff her 2007 prepared returns." Id . at ----, 795 S.E.2d at 151 (Enochs, J., concurring in part and dissenting in part). | 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 |
|---|---|---|
Goodman v. Holmes & McLaurin Attorneys at Law
green
2 sentences2025Stat. § 1-15 (c) contained no comparable exception to prohibit a defendant from raising the issue of statute of repose and stated we have “consistently refused to apply equitable doctrines to estop a defendant from asserting a statute of repose defense in the legal malpractice context . . . .” Goodman, 192 N.C. 2016Accordingly, "[t]his Court has consistently refused to apply equitable doctrines to estop a defendant from asserting a statute of repose defense in the legal malpractice context...." Goodman , 192 N.C.App. at 474 -75 , 665 S.E.2d at 532 . | 2 | 2016–2025 |
Hoots v. Pryor
green
2 sentences2011"Equitable estoppel may also defeat a defendant's statute of repose defense." Id. at 460 , 448 S.E.2d at 838 . "`The essential elements of estoppel are (1) conduct on the part of the party sought to be estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct will be acted on by the other party; and (3) knowledge, actual or constructive, of the real facts.'" Id. (quoting Hensell v. Winslow, 106 N.C.App. 285, 290-91 , 416 S.E.2d 426, 430 , disc. review denied, 332 N.C. 344 , 421 S.E.2d 148 (1992)). "`The party asserting the defense mu 2011"Equitable estoppel may also defeat a defendant's statute of repose defense." Id. at 460 , 448 S.E.2d at 838 . "`The essential elements of estoppel are (1) conduct on the part of the party sought to be estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct will be acted on by the other party; and (3) knowledge, actual or constructive, of the real facts.'" Id. (quoting Hensell v. Winslow, 106 N.C.App. 285, 290-91 , 416 S.E.2d 426, 430 , disc. review denied, 332 N.C. 344 , 421 S.E.2d 148 (1992)). "`The party asserting the defense mu | 2 | 2011–2011 |
Hensell v. Winslow
neutral
2 sentences2011App. 285, 290-91 , 416 S.E.2d 426, 430 , disc. review denied, 332 N.C. 344 , 421 S.E.2d 148 (1992)). “ ‘The party asserting the defense must have (1) a lack of knowledge and the means of knowledge as to the real facts in question; and (2) relied upon the conduct of the party sought to be estopped to his prejudice.’ ” Id. (quoting Hensell, 106 N.C. 2011"Equitable estoppel may also defeat a defendant's statute of repose defense." Id. at 460 , 448 S.E.2d at 838 . "`The essential elements of estoppel are (1) conduct on the part of the party sought to be estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct will be acted on by the other party; and (3) knowledge, actual or constructive, of the real facts.'" Id. (quoting Hensell v. Winslow, 106 N.C.App. 285, 290-91 , 416 S.E.2d 426, 430 , disc. review denied, 332 N.C. 344 , 421 S.E.2d 148 (1992)). "`The party asserting the defense mu | 2 | 2011–2011 |
Hensell v. Winslow
green
2 sentences2011“Equitable estoppel may also defeat a defendant’s statute of repose defense.” Id. at 460 , 448 S.E.2d at 838 . “ ‘The essential elements of estoppel are (1) conduct on the part of the party sought to be estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct will be acted on by the other party; and (3) knowledge, actual or constructive, of the real facts.’ ” Id. (quoting Hensell v. Winslow, 106 N.C. 2011"Equitable estoppel may also defeat a defendant's statute of repose defense." Id. at 460 , 448 S.E.2d at 838 . "`The essential elements of estoppel are (1) conduct on the part of the party sought to be estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct will be acted on by the other party; and (3) knowledge, actual or constructive, of the real facts.'" Id. (quoting Hensell v. Winslow, 106 N.C.App. 285, 290-91 , 416 S.E.2d 426, 430 , disc. review denied, 332 N.C. 344 , 421 S.E.2d 148 (1992)). "`The party asserting the defense mu | 2 | 2011–2011 |
Wallace v. Jarvis
green
1 sentence2026Because GARA creates a conditional immunity from suit, the relevant substantial-rights framework is that expressed in Wallace v. Jarvis, 119 N.C. | 1 | 2026–2026 |
Walker v. Fleetwood Homes of North Carolina, Inc.
neutral
1 sentence2014App. 185, 187 , 625 S.E.2d 860, 861 , disc. rev. denied, 360 7 As a result of the fact that the claims that Plaintiff has asserted against them sound in breach of fiduciary duty rather than defective construction, Mr. Culbreth and Mr. Ward have not asserted a statute of repose defense in their brief. -24- N.C. 545, 635 S.E.2d 62 (2006)). | 1 | 2014–2014 |
Whittaker v. Todd
green
1 sentence2014App. 185, 187 , 625 S.E.2d 860, 861 , disc. rev. denied, 360 7 As a result of the fact that the claims that Plaintiff has asserted against them sound in breach of fiduciary duty rather than defective construction, Mr. Culbreth and Mr. Ward have not asserted a statute of repose defense in their brief. -24- N.C. 545, 635 S.E.2d 62 (2006)). | 1 | 2014–2014 |
Bryant v. Don Galloway Homes, Inc.
green
1 sentence2014A statute of repose “is a substantive limitation that establishes a time frame in which an action must be brought to be recognized.” Bryant v. Don Galloway Homes, Inc., 147 N.C. | 1 | 2014–2014 |
One North McDowell Ass'n v. McDowell Development Co.
neutral
2 sentences2001App. 125, 127-28 , 389 S.E.2d 834, 836 (stating that “[i]t is well established that the doctrine of equitable estoppel will deny the right to assert a defense based on lapse of time” and concluding that “Defendants are therefore estopped from raising [the statute of repose] in bar of plaintiffs’ action”), disc, review denied, 327 N.C. 432 , 395 S.E.2d 686 (1990). 2001See Bryant v. Adams, 116 N.C.App. 448, 460 , 448 S.E.2d 832, 838 (1994) ("Equitable estoppel may ... defeat a defendant's statute of repose defense."), disc. review denied, 339 N.C. 736 , 454 S.E.2d 647 (1995); One North McDowell Assn. v. McDowell Development Co., 98 N.C.App. 125, 127-28 , 389 S.E.2d 834, 836 (stating that "[i]t is well established that the doctrine of equitable estoppel will deny the right to assert a defense based on lapse of time" and concluding that "Defendants are therefore estopped from raising [the statute of repose] in bar of plaintiffs' action"), disc. review denied, | 1 | 2001–2001 |
Rich v. Shaw
neutral
2 sentences2001App. 125, 127-28 , 389 S.E.2d 834, 836 (stating that “[i]t is well established that the doctrine of equitable estoppel will deny the right to assert a defense based on lapse of time” and concluding that “Defendants are therefore estopped from raising [the statute of repose] in bar of plaintiffs’ action”), disc, review denied, 327 N.C. 432 , 395 S.E.2d 686 (1990). 2001See Bryant v. Adams, 116 N.C.App. 448, 460 , 448 S.E.2d 832, 838 (1994) ("Equitable estoppel may ... defeat a defendant's statute of repose defense."), disc. review denied, 339 N.C. 736 , 454 S.E.2d 647 (1995); One North McDowell Assn. v. McDowell Development Co., 98 N.C.App. 125, 127-28 , 389 S.E.2d 834, 836 (stating that "[i]t is well established that the doctrine of equitable estoppel will deny the right to assert a defense based on lapse of time" and concluding that "Defendants are therefore estopped from raising [the statute of repose] in bar of plaintiffs' action"), disc. review denied, | 1 | 2001–2001 |
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.