statutes of limitation bar (North Carolina) · Go Syfert
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statutes of limitation bar in North Carolina

12 North Carolina opinions name it 2 courts 2005–2026 2 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 (5)

CaseFollowedCited
Carlisle v. Keithgreen
ncctapp · 2005 · cited in 6 North Carolina opinions naming this issue, 2013–2026
2 sentences

2026“Dismissal of a complaint is proper under the provisions of Rule 12(b)(6) of the North Carolina Rules of Civil Procedure . . . when some fact disclosed in the complaint necessarily defeats the plaintiff’s claim[,]” and the rule is “an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the complaint.” Carlisle, 169 N.C.

2021“A motion to dismiss under Rule 12(b)(6) is an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the Complaint.” Carlisle v. Keith, 169 N.C.

46
Horton v. Carolina Medicorp, Inc.green
nc · 1996 · cited in 5 North Carolina opinions naming this issue, 2005–2017
2 sentences

2012A motion to dismiss “is an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the complaint.” Id. (citing Horton v. Carolina Medicorp, 344 N.C. 133, 136 , 472 S.E.2d 778, 780 (1996)). {35} In considering a motion to dismiss for failure to state a claim upon which relief can be granted, “‘the well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.’” Pinewood Homes, Inc. v. Harris, 184 N.C.

2012A motion to dismiss “is an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the complaint.” Id. (citing Horton v. Carolina Medicorp, 344 N.C. 133, 136 , 472 S.E.2d 778, 780 (1996)). {35} In considering a motion to dismiss for failure to state a claim upon which relief can be granted, “‘the well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.’” Pinewood Homes, Inc. v. Harris, 184 N.C.

45
Sutton v. Dukegreen
nc · 1970 · cited in 2 North Carolina opinions naming this issue, 2012–2012
2 sentences

2012App. 597, 613 , 646 S.E.2d 826, 837 (2007) (quoting Sutton v. Duke, 277 N.C. 94, 98 , 176 S.E.2d 161, 163 (1970)).

2012App. 597, 613 , 646 S.E.2d 826, 837 (2007) (quoting Sutton v. Duke, 277 N.C. 94, 98 , 176 S.E.2d 161, 163 (1970)).

22
Pinewood Homes, Inc. v. Harrisgreen
ncctapp · 2007 · cited in 2 North Carolina opinions naming this issue, 2012–2012
2 sentences

2012A motion to dismiss “is an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the complaint.” Id. (citing Horton v. Carolina Medicorp, 344 N.C. 133, 136 , 472 S.E.2d 778, 780 (1996)). {35} In considering a motion to dismiss for failure to state a claim upon which relief can be granted, “‘the well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.’” Pinewood Homes, Inc. v. Harris, 184 N.C.

2012A motion to dismiss “is an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the complaint.” Id. (citing Horton v. Carolina Medicorp, 344 N.C. 133, 136 , 472 S.E.2d 778, 780 (1996)). {19} When considering a motion to dismiss for failure to state a claim upon which relief can be granted, “the well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.” Pinewood Homes, Inc. v. Harris, 184 N.C.

22
Marzec v. Nyegreen
ncctapp · 2010 · cited in 2 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018App. 88 , 93, 690 S.E.2d 537 , 541 (2010) ("[A] motion to dismiss under Rule 12(b)(6) is an appropriate method of determining whether the statutes of limitation bar [a] plaintiff's claims if the bar is disclosed in the complaint." (citation and quotation marks omitted)).

2018App. 88, 93 , 690 S.E.2d 537, 541 (2010) (“[A] motion to dismiss under Rule 12(b)(6) is an appropriate method of determining whether the statutes of limitation bar [a] plaintiff’s claims if the bar is disclosed in the complaint.” (citation and quotation marks omitted)). -5- SPOOR V.

12

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 (1)

CaseCitedYears
Hooper v. Liberty Mutual Insurance Co. green
ncctapp · 1987
2 sentences

2012A motion to dismiss “is an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the complaint.” Id. (citing Horton v. Carolina Medicorp, 344 N.C. 133, 136 , 472 S.E.2d 778, 780 (1996)). {35} In considering a motion to dismiss for failure to state a claim upon which relief can be granted, “‘the well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.’” Pinewood Homes, Inc. v. Harris, 184 N.C.

2012A motion to dismiss “is an appropriate method of determining whether the statutes of limitation bar plaintiff’s claims if the bar is disclosed in the complaint.” Id. (citing Horton v. Carolina Medicorp, 344 N.C. 133, 136 , 472 S.E.2d 778, 780 (1996)). {19} When considering a motion to dismiss for failure to state a claim upon which relief can be granted, “the well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.” Pinewood Homes, Inc. v. Harris, 184 N.C.

32010–2012

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1-52 (6) NC § N.C. Gen. Stat. § 1A-1 (6) NC § N.C. Gen. Stat. § 1-15 (3)

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.

Where else courts name it

NC 12 (2005–2026) TN 2 (1957–1978) TX 2 (1994–2024) MO 2 (1928–1936)

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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