180 N.C. App. 452 - Harrison v. Harrison’s Empirical Analysis
2006
Citation profile
16 state decisions
Relationships
Relies on In Re the Appeal From the Civil Penalty · Page v. Sloan · 107 N.C. App. 154 - Shear v. Stevens Building Co. · 121 N.C. App. 175 - Hursey v. Homes by Design, Inc. · 111 N.C. App. 173 - Goss v. Battle
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[T]rial courts are not without the power to sanction parties for failure to comply with discovery orders." Harrison v. Harrison , 180 N.C. App. 452 , ----, 637 S.E.2d 284 , 288 (2006). Striking of defenses or counterclaims is an appropriate remedy, and is within the province of the trial court. Jones v. GMRI, Inc. , 144 N.C. App. 558 , 565, 551 S.E.2d 867 , 872 (2001). This Court will not disturb a dismissal absent a showing of abuse of discretion by the trial judge. Benton v. Hillcrest Foods, Inc. , 136 N.C. App. 42 , 524 S.E.2d 53 (1999). However, if the trial court chooses to exercise the option of striking a party's defenses or counterclaims, it must do so after considering lesser sanctions. See In re Pedestrian Walkway Failure , 173 N.C. App. 237 , 251, 618 S.E.2d 819 (2005) ; Goss v. Battle , 111 N.C. App. 173 , 176, 432 S.E.2d 156 , 159 (1993).”
1 later decision quote this exact passage · from the dissent“"When a trial court sits as the trier of fact, the court's findings and judgment will not be disturbed on the theory that the evidence does not support the findings of fact if there is any evidence to support the judgment, even though there may be evidence to the contrary." Atlantic Veneer Corp. v. Robbins, 133 N.C. App. 594, 599 , 516 S.E.2d 169, 173 (1999); see also Shear v. Stevens Bldg. Co., 107 N.C. App. 154, 160 , 418 S.E.2d 841, 845 (1992) ("It is well settled in this jurisdiction that when the trial court sits without a jury, the standard of review on appeal is whether there was competent evidence to support the trial court's findings of fact. . . .").”
1 later decision quote this exact passage“[T]rial courts are not without the power to sanction parties for failure to comply with discovery orders.”
1 later decision quote this exact passage · from the dissent
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.