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28 N.C. App. 657

Gibson v. Cline

Court of Appeals of North Carolina · decided 1976-03-03

Cited by 6 later decisions — most recently December 2017

6 state decisions

Relies on Pruitt v. Williams · Setzer v. Annas · Pruitt v. Williams

Good law ✅— No negative treatment on recordhow we know

Decided 1976-03-03

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BRITT, Judge.

¶1Defendants contend that the order appealed from does not meet the requirements of G.S. 1A-1, Rule 65(d). This contention has merit.

¶2G.S. 1A-1, Rule 65(d), provides in pertinent part as follows: “Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts enjoined or restrained;....”

¶3This rule represents a departure from prior North Carolina practice. See 2 A. McIntosh, North Carolina Practice and Procedure §§ 2214-16 (2d ed. 1956). The new rules envision a *659temporary restraining' order, a preliminary injunction and a permanent injunction. We think it is clear that when the court grants either of the three, the order or judgment must set forth the reasons for its issuance, be specific in terms, and describe in reasonable detail the act or acts restrained or enjoined; and that reference to some other document is not sufficient to provide a description of the act or acts enjoined or restrained. Setzer v. Annas, 286 N.C. 534, 212 S.E. 2d 154 (1975), rev’g, 21 N.C. App. 632, 205 S.E. 2d 553 (1974) ; Pruitt v. Williams, 25 N.C. App. 376, 213 S.E. 2d 369 (1975), appeal dismissed, 288 N.C. 368, 218 S.E. 2d 348 (1975). See generally, W. Shuford, North Carolina Civil Practice and Procedure § 65-9 (1975).

¶4While the order appealed from might have been sufficient under the former practice, it does not comply with Rule 65 (d). It does not set forth the reasons for its issuance and does not describe in detail the acts enjoined.

¶5For the reasons stated, the order is vacated and this cause is remanded for further proceedings consistent with this opinion.

¶6Order vacated and cause remanded.

Judges Hedrick and Martin concur.
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