twelve factors (North Carolina) · Go Syfert
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twelve factors in North Carolina

9 North Carolina opinions name it 3 courts 1985–2024 1 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
White v. Whitegreen
nc · 1985 · cited in 6 North Carolina opinions naming this issue, 1985–2019
2 sentences

2019See, e.g., White v. White, 312 N.C. 770, 777-78 , 324 S.E.2d 829, 833 (1985) (explaining that “[i]t is well established that where matters are left to the discretion of the trial court, appellate review is limited to a determination of whether there was a clear abuse of discretion,” and “[a] ruling committed to a trial court’s discretion is to be accorded great deference” and discussing how “[t]he findings of fact show that the trial court admitted and considered evidence relating to several of the twelve factors contained in” the statute at issue (emphasis added) (citations omitted)); see als

2019See, e.g., White v. White, 312 N.C. 770, 777-78 , 324 S.E.2d 829, 833 (1985) (explaining that “[i]t is well established that where matters are left to the discretion of the trial court, appellate review is limited to a determination of whether there was a clear abuse of discretion,” and “[a] ruling committed to a trial court’s discretion is to be accorded great deference” and discussing how “[t]he findings of fact show that the trial court admitted and considered evidence relating to several of the twelve factors contained in” the statute at issue (emphasis added) (citations omitted)); see als

46
Wetherington v. North Carolina Department of Public Safetygreen
nc · 2015 · cited in 1 North Carolina opinions naming this issue, 2024–2024
1 sentence

2024On remand, DSS again considered the UNC School of Government twelve-factor test, see id. at 516-17, 524, but did so “along with the five Wetherington factors.” Although Wetherington I’s recognition of the “flexible definition of just cause” and description of “factors such as” the five it explicitly addressed contemplates that additional factors may sometimes be relevant to just cause, Wetherington I, 368 N.C. at 591-92 (emphasis added) (marks omitted), DSS makes no argument that the twelve factors of the UNC School of Government were either appropriate or necessary to its analysis of just cau

11
Little v. Penn Ventilator Co.green
nc · 1986 · cited in 1 North Carolina opinions naming this issue, 2019–2019
2 sentences

2019See, e.g., White v. White, 312 N.C. 770, 777-78 , 324 S.E.2d 829, 833 (1985) (explaining that “[i]t is well established that where matters are left to the discretion of the trial court, appellate review is limited to a determination of whether there was a clear abuse of discretion,” and “[a] ruling committed to a trial court’s discretion is to be accorded great deference” and discussing how “[t]he findings of fact show that the trial court admitted and considered evidence relating to several of the twelve factors contained in” the statute at issue (emphasis added) (citations omitted)); see als

2019See, e.g., White v. White, 312 N.C. 770, 777-78 , 324 S.E.2d 829, 833 (1985) (explaining that “[i]t is well established that where matters are left to the discretion of the trial court, appellate review is limited to a determination of whether there was a clear abuse of discretion,” and “[a] ruling committed to a trial court’s discretion is to be accorded great deference” and discussing how “[t]he findings of fact show that the trial court admitted and considered evidence relating to several of the twelve factors contained in” the statute at issue (emphasis added) (citations omitted)); see als

11
In Re Inquiry Concerning Judge Hardygreen
nc · 1978 · cited in 1 North Carolina opinions naming this issue, 1994–1994
2 sentences

1994Whether to declare a board’s action null and void is within the discretion of the trial court, see In re Hardy, 294 N.C. 90, 97 , 240 S.E.2d 367, 372 (1978) (where “may” is used, it will ordinarily be construed as permissive and not mandatory), and can be reversed on appeal only if the decision is “manifestly unsupported by reason” and “so arbitrary that it could not have been the result of a reasoned decision.” White, 312 N.C. at 777 , 324 S.E.2d at 833 .

1994Whether to declare a board’s action null and void is within the discretion of the trial court, see In re Hardy, 294 N.C. 90, 97 , 240 S.E.2d 367, 372 (1978) (where “may” is used, it will ordinarily be construed as permissive and not mandatory), and can be reversed on appeal only if the decision is “manifestly unsupported by reason” and “so arbitrary that it could not have been the result of a reasoned decision.” White, 312 N.C. at 777 , 324 S.E.2d at 833 .

11
Johnson v. Johnsongreen
nc · 1986 · cited in 1 North Carolina opinions naming this issue, 1990–1990
2 sentences

1990The party claiming the debt to be marital has the burden of proving the value of the debt on the date of separation and that it was “incurred during the marriage for the joint benefit of the husband and wife.” Id.; see Johnson v. Johnson, 317 N.C. 437, 455, n.4 , 346 S.E.2d 430, 440 (1986) (when classifications of assets are disputed, the assets must be labeled “marital” or “separate” “depending upon the proof presented to the trial court of the nature of those assets”); cf. White v. White, 312 N.C. 770, 776 , 324 S.E.2d 829, 832 (1985) (party desiring unequal division of marital property bear

1990The party claiming the debt to be marital has the burden of proving the value of the debt on the date of separation and that it was “incurred during the marriage for the joint benefit of the husband and wife.” Id.; see Johnson v. Johnson, 317 N.C. 437, 455, n.4 , 346 S.E.2d 430, 440 (1986) (when classifications of assets are disputed, the assets must be labeled “marital” or “separate” “depending upon the proof presented to the trial court of the nature of those assets”); cf. White v. White, 312 N.C. 770, 776 , 324 S.E.2d 829, 832 (1985) (party desiring unequal division of marital property bear

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 (2)

CaseCitedYears
Khajanchi v. Khajanchi green
ncctapp · 2000
1 sentence

2001Khajanchi at 557 , 537 S.E.2d at 849 .

12001–2001
cluster 315529 green
ca5 · 1974
1 sentence

2000Id. at 717-19 .

12000–2000

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 50-20 (5)

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

MS 50 (1991–2020) NJ 20 (1986–2025) CT 16 (1991–2026) MA 13 (1994–2018) LA 10 (1984–2017) NC 9 (1985–2024) WV 7 (1991–2019) MD 7 (2003–2025) TX 5 (2007–2022) WI 5 (1984–2004) DC 4 (1987–2024) AK 4 (1982–1996) FL 4 (1990–2026) MI 4 (1990–2023) ID 4 (1996–2020) VA 3 (1991–2023) VT 3 (1999–2018) ME 3 (1998–2008) MO 2 (1996–2013) AL 2 (1994–2015) PA 2 (1984–2025) SC 2 (1998–2009) NY 2 (1994–2002) OH 2 (1998–1999) IA 2 (2016–2019)

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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