142 N.C. App. 506 - Langston v. Johnson’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Generally, a judgment is in a form that contains findings, conclusions, and a decree. The decretal portion of a judgment is that portion which adjudicates the rights of the parties. See 46 Am. Jur. 2d Judgments § 99 (1994). The failure to follow this precise form, however, is not fatal to the judgment. Id. § 83. “The sufficiency of a writing claimed to be a judgment is to be tested by its substance rather than its form.” Id.; see In re Helms, 127 N.C. App. 505, 510 , 491 S.E.2d 672, 675 (1997) (appellate court not bound by trial court’s classification of matter as a conclusion of law or a finding of fact). In this case, the 6 June 1991 judgment contains an unequivocal directive that Defendant pay child support in the amount of $340.00 per month. Although this directive was not contained in the decretal portion of the judgment, it nonetheless constitutes a decree of the trial court. To hold otherwise would place form over substance, which this Court is not required to do.”

   1 later decision quote this exact passage
   e.g. 156 N.C. App. 1 - Spencer v. Spencer

2. “7. That there were two children, Tari Krystal Aquia Johnson, born November 20, 1974 and Charles Edward Johnson, Jr., born October 17, 1979, bom of the marriage of . . . Plaintiff and Defendant. 8. That Plaintiff is granted sole physical custody of the children and Defendant is granted liberal visitation rights. 9. That both Plaintiff and Defendant are granted joint legal custody. 10. That Plaintiff is responsible for major medical for both children and Defendant will be responsible for amounts not covered. 11. That Defendant is responsible for life insurance for both children. 12. That both Plaintiff and Defendant are equally responsible for college tuition for both children. 13. That Defendant is to pay $340, monthly, in child support to Plaintiff.”

   1 later decision quote this exact passage
   e.g. 156 N.C. App. 1 - Spencer v. Spencer

3. “Where a party engages in positive acts that amount to ratification resulting in prejudice to an innocent party, the circumstances may give rise to estoppel. Howard v. Boyce, 254 N.C. 255, 265-66 , 118 S.E.2d 897, 905 (1961). Further, “ ‘[a] party who, with knowledge of the facts, accepts the benefits of a transaction, may not thereafter attack the validity of the transaction to the detriment of other parties who relied thereon.’ ” Yarborough v. Yarborough, 27 N.C. App. 100, 105-06 , 218 S.E.2d 411, 415 , cert. denied, 288 N.C. 734 , 220 S.E.2d 353 (1975) (quoting 3 Strong’s N.C. Index 2d Estoppel § 4)[.]”

   1 later decision quote this exact passage · from the concurrence
   e.g. 156 N.C. App. 1 - Spencer v. Spencer