146 N.C. App. 515 - Parris v. Light’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Clearly, an attorney's negligence in handling a case constitutes inexcusable neglect and should not be grounds for relief under the "excusable neglect" provision of Rule 60(b)(1). In enacting Rule 60(b)(1), the General Assembly did not intend to sanction an attorney's negligence by making it beneficial for the client and to thus provide an avenue for potential abuse. Allowing an attorney's negligence to be a basis for providing relief from orders would encourage such negligence and present a temptation for litigants to use the negligence as an excuse to avoid court-imposed rules and deadlines. . . . "Holding the client responsible for the lawyer's deeds ensures that both clients and lawyers take care to comply. If the lawyer's neglect protected the client from ill consequences, neglect would become all too common. It would be a free good—the neglect would protect the client, and because the client could not suffer the lawyer would not suffer either."”

   1 later decision quote this exact passage
   e.g. 185 N.C. App. 733 - SUBKHANGULOVA v. Dowdy

2. “trial court fails to make findings of fact with respect to the elements of Rule 60(b), the order will [not] be reversed `[if] there is evidence in the record sustaining findings which the trial court could have made to support such order.'”

   1 later decision quote this exact passage
   e.g. 185 N.C. App. 733 - SUBKHANGULOVA v. Dowdy