185 N.C. App. 176 - Cail v. Cerwin’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well-established “that no appeal lies from one Superior Court judge to another; that one Superior Court judge may not correct another’s errors of law; and that ordinarily one judge may not modify, overrule, or change the judgment of another Superior Court judge previously made in the same action. Although an exception has been established for orders that do not resolve an issue but direct some further proceeding prior to a final ruling, “when the [trial] judge rules as a matter of law, not acting in his discretion, the ruling finally determines the rights of the parties unless reversed upon appellate review.””

   2 later decisions quote this exact passage
   e.g. 255 N.C. App. 279 - Gardner v. Rink · 209 N.C. App. 60 - Lockett v. SISTER-2-SISTER SOLUTIONS, INC.

2. “only when the legal issues differ between the first motion for summary judgment and a subsequent motion may a trial court hear and rule on the subsequent motion”

   2 later decisions quote this exact passage
   e.g. 247 N.C. App. 33 - Daughtridge v. N.C. Zoological Soc'y, Inc. · 255 N.C. App. 279 - Gardner v. Rink

3. “The Court] having considered the matter, finds that defendants shall supplement their responses to interrogatories 7, 8, 9 and 12 to the extent any additional information is available and discoverable pursuant to the North Carolina Rules of Civil Procedure within fifteen (15) days of entry of this Order. Should any additional information available and discoverable not be provided, the Court may consider the exclusion of such material from evidence as allowed under the North Carolina Rules of Civil Procedure. The Court further orders defendants to produce all documents marked as confidential within five (5) days of entry of this Order, and that these and any discovery designated as confidential by either party shall be used solely in this matter, 06 CVS 15774, and for no other purpose. That portion of plaintiffs’ motion with regard to defendants’ responses to plaintiffs’ Requests for Admission and plaintiffs’ Requests for Production is denied. Plaintiffs’ request that defendants waive their objections to plaintiffs’ discovery requests and their motion seeking an order from the court striking defendants’ objections are denied. [Further], the Court finds that defendants’ motion to dismiss the complaint of plaintiffs in its entirety pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil [Procedure] shall be denied.”

   1 later decision quote this exact passage
   e.g. 206 N.C. App. 179 - Crook v. KRC Management Corp.