Plomaritis v. Plomaritis’s Empirical Analysis
2012
Citation profile
8 state decisions
Relationships
Relies on Dogwood Development & Management Co. LLC v. White Oak Transport Co. · 81 N.C. App. 159 - Lawing v. Lawing · 65 N.C. App. 626 - Willoughby v. KENNETH W. WILKINS, MD, PA · Rural Plumbing & Heating, Inc. v. H. C. Jones Construction Co. · Eason v. Spence
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Just as a party requesting to set aside a stipulation would have to give notice to the opposing parties, and the opposing parties would have an opportunity for hearing upon the request, the trial court cannot own its own motion set aside a pre-trial order containing the parties' stipulations after the case has been tried in reliance upon that pre-trial order, "without giving the parties notice and an opportunity to be heard."”
2 later decisions quote this exact passage“'misrepresentations as to material facts, undue influence, collusion, duress, fraud, and inadvertence.'”
2 later decisions quote this exact passage“Although it may be appropriate for a trial court on its own motion to set aside a parties' stipulation for one of the reasons stated in Lowery or to prevent manifest injustice, there are limits to the court's discretion to set aside a stipulation. First, Rule 16(a)(7) [of the North Carolina Rules of Civil Procedure] itself states that a stipulation may be "modified at the trial to prevent manifest injustice." N.C. Gen. Stat. § 1A-1, Rule 16(a) (emphasis added). Modification of a stipulation at the trial gives all parties immediate notice of the modification and allows the parties the opportunity to present additional evidence which may be required based upon the elimination of the stipulation.”
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.