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← 172 N.C. App. 441 - Cater v. Barker

172 N.C. App. 441 - Cater v. Barker’s Empirical Analysis

2005

Citation profile

36
cited by 36 later decisions
2
states following
December 2025
most recently cited

2 federal appellate · 1 district · 25 state decisions

How this case has been cited

Cited by 36 later decisions — most recently December 2025 · most notably Tommy Davis Construction, Inc. v. Cape Fear Public Utility Authority (2015), 185 N.C. App. 142 - In Re the Foreclosure of a Deed of Trust Executed by Bigelow (2007)

2 federal appellate · 1 district · 25 state decisions

180200520102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on United States v. Diebold, Inc. · Dickens v. Puryear · Collingwood v. GEN. ELEC. R. EST. EQUIT. · 138 N.C. App. 19 - Poor v. Hill · Caldwell v. Deese

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

  1. “Under a de novo review, the court considers the matter anew and freely substitutes its own judgment for that of the trial court.”
    2 later decisions quote this exact passage
    e.g. 196 N.C. App. 177 - Johann v. Johann · 197 N.C. App. 401 - Carolina Pole, Inc. v. Firstenergy Corp.
  2. “We [have] previously held, 'laches is an equitable defense and is not available in an action at law.' When a '[p]laintiff's claims are legal in nature, not equitable[,]' laches cannot support judgment for the defendant.”
    1 later decision quote this exact passage
    e.g. 243 N.C. App. 508 - Point S. Props., LLC v. Cape Fear Pub. Util. Auth.
  3. “[n]on-performance[,] ... unless the person charged ... shows some valid reason which may excuse the non-performance; and the burden of doing so rests upon him.”
    1 later decision quote this exact passage
    e.g. Michael Borovsky Goldsmith LLC v. Jewelers Mut. Ins. Co.

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.