guise of clerical error (North Carolina) · Go Syfert
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guise of clerical error in North Carolina

11 North Carolina opinions name it 1 courts 1989–2026 6 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
State v. Harwoodgreen
ncctapp · 2015 · cited in 4 North Carolina opinions naming this issue, 2019–2026
2 sentences

2026Furthermore, “[w]e have repeatedly rejected attempts to change the substantive provisions of judgments under - 10 - the guise of clerical error.” Harwood, 243 N.C. App. at 429 , 777 S.E.2d at 119 (citation and quotation marks omitted).

2026Furthermore, “[w]e have repeatedly rejected attempts to change the substantive provisions of judgments under - 10 - the guise of clerical error.” Harwood, 243 N.C. App. at 429 , 777 S.E.2d at 119 (citation and quotation marks omitted).

34
Hinson v. Hinsongreen
ncctapp · 1985 · cited in 4 North Carolina opinions naming this issue, 1989–2006
2 sentences

2006Hinson v. Hinson, 78 N.C.App. 613 , 615, 337 S.E.2d 663 , 664 (1985) ("We have repeatedly rejected attempts to change the substantive provisions of judgments under the guise of clerical error."), disc. review denied, 316 N.C. 377 , 342 S.E.2d 895 (1986).

2006Hinson v. Hinson, 78 N.C.App. 613 , 615, 337 S.E.2d 663 , 664 (1985) ("We have repeatedly rejected attempts to change the substantive provisions of judgments under the guise of clerical error."), disc. review denied, 316 N.C. 377 , 342 S.E.2d 895 (1986).

24
Food Service Specialists v. Atlas Restaurant Management, Inc.green
ncctapp · 1993 · cited in 1 North Carolina opinions naming this issue, 2025–2025
2 sentences

2025Mgmt., Inc., 111 N.C. App. 257, 259 (1993) (“We have repeatedly rejected attempts to -7- change the substantive provisions of judgments under the guise of clerical error.” (citation omitted)).

2025Mgmt., Inc., 111 N.C. App. 257, 259 (1993) (“We have repeatedly rejected attempts to -7- change the substantive provisions of judgments under the guise of clerical error.” (citation omitted)).

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
Hinson v. Hinson neutral
nc · 1986
2 sentences

2006Hinson v. Hinson, 78 N.C.App. 613, 615 , 337 S.E.2d 663, 664 (1985) ("We have repeatedly rejected attempts to change the substantive provisions of judgments under the guise of clerical error."), disc. review denied, 316 N.C. 377 , 342 S.E.2d 895 (1986).

2006Hinson v. Hinson, 78 N.C.App. 613 , 615, 337 S.E.2d 663 , 664 (1985) ("We have repeatedly rejected attempts to change the substantive provisions of judgments under the guise of clerical error."), disc. review denied, 316 N.C. 377 , 342 S.E.2d 895 (1986).

22006–2006
State v. Tincher green
ncctapp · 2019
1 sentence

2025Id. (citations and quotation marks omitted).

12025–2025
Angarita v. Edwards green
ncctapp · 2021
2 sentences

2025Omitting the provision that the dismissal was “without prejudice,” even if done by mistake, is not a mere clerical error, and this assumed unwritten “correction” of the Order of Dismissal would have a substantive effect since it would “alter[ ] the effect of the original order.” Angarita v. Edwards, 278 N.C. App. 621 , 630, 863 S.E.2d 796 , 803 (2021).

2025Omitting the provision that the dismissal was “without prejudice,” even if done by mistake, is not a mere clerical error, and this assumed unwritten “correction” of the Order of Dismissal would have a substantive effect since it would “alter[ ] the effect of the original order.” Angarita v. Edwards, 278 N.C. App. 621 , 630, 863 S.E.2d 796 , 803 (2021).

12025–2025

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1342 (3) NC § N.C. Gen. Stat. § 15A-1344 (3) NC § N.C. Gen. Stat. § 15A-1345 (3) NC § N.C. Gen. Stat. § 15A-1346 (3) NC § N.C. Gen. Stat. § 15A-1347 (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.

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