Erthal v. May’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact; and (2) the moving party is entitled to judgment as a matter of law. Summary judgment is appropriate if: (1) the non-moving party does not have a factual basis for each essential element of its claim; (2) the facts are not disputed and only a question of law remains; or (3) if the non-moving party is unable to overcome an affirmative defense offered by the moving party.”

   2 later decisions quote this exact passage
   e.g. 243 N.C. App. 33 - Harris v. Testar, Inc. · 259 N.C. App. 769 - French Broad Place, LLC v. Asheville Sav. Bank

2. “Interpretation of the language of a restrictive covenant is a question of law reviewed de novo ". Erthal v. May , 223 N.C. App. 373 , 378, 736 S.E.2d 514 , 517 (2012). Restrictive covenants are a restraint on the free use of property and are strictly construed. J. T. Hobby & Son, Inc. v. Family Homes of Wake County, Inc. , 302 N.C. 64 , 70, 274 S.E.2d 174 , 179 (1981) ("such covenants are not favored by the law, and they will be strictly construed to the end that all ambiguities will be resolved in favor of the unrestrained use of land”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 429 - Buysse v. Jones

3. “Our Supreme Court has previously held that even if the parties have only moved for partial summary judgment, it is not error for the trial court to grant summary judgment on all claims where both parties are given the opportunity to submit evidence on all claims before the trial court.”

   1 later decision quote this exact passage
   e.g. 244 N.C. App. 385 - Buckner v. TigerSwan, Inc.