181 N.C. App. 552 - Morris v. Gray’s Empirical Analysis
2007
Citation profile
10 state decisions
Relationships
Relies on Viar v. North Carolina Department of Transportation · Calloway v. Ford Motor Company · Wiencek-Adams v. Adams · 166 N.C. App. 333 - Coastal Plains Utilities, Inc. v. New Hanover County · Viar v. N.C. Department of Transportation
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“After reviewing the record, we can find no findings or statements by the trial judge that would indicate his reasons for modifying the terms of the earlier order. [The parties] offer possible explanations, . . . but their theories cannot substitute for the reasoning of the trial judge. . . . Although we cannot say the trial judge did not engage in a competent inquiry in deciding to modify the terms of the earlier [order,] we likewise cannot say that he did, in light of the absence of any findings or reasons stated in the record. We have no evidence before us of a ‘material change in circumstances’ that would warrant the exception of one trial judge’s modifying; overruling, or changing the order of another. Accordingly, we conclude that the trial judge erred in failing to make adequate findings to justify his modifications to the [first order.] Because this is sufficient grounds to vacate the . . . order, we do not address the remainder of [appellant’s] arguments.”
1 later decision quote this exact passage · from the majority“An exception to this rule allows a subsequent trial judge to rehear an issue and enter a ruling “if there has been a material change in the circumstances of the parties and the initial ruling was one which was addressed to the discretion of the trial judge.””
1 later decision quote this exact passage
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.