Cannon v. Miller

Decided February 27, 1985

Supreme Court of North Carolina · decided 1985-02-27

Key passage — most relied on by later courts

“authority to overrule decisions of the Supreme Court of North Carolina and [have a] responsibility to follow those decisions, until otherwise ordered by the Supreme Court.”

quoted by 6 later decisions, including 258 N.C. App. 466 - Martinez v. Wake Cty. Bd. of Educ., 146 N.C. App. 613 - Maraman v. Cooper Steel Fabricators

Good law ✅— No negative treatment on recordhow we know

Decided 1985-02-27

How this case has been cited

Cited by 106 later decisions — most recently November 2018 · most notably 79 N.C. App. 483 - Hogan v. Forsyth Country Club Co. (1986), Dunn v. Pate (1993)

3 federal appellate · 102 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 ORDER

¶2 )

¶3 IT appearing that the panel of Judges of the Court of Appeals to which this case was assigned has acted under a misapprehension of its authority to overrule decisions of the Supreme Court of North Carolina and its responsibility to follow those decisions, until otherwise ordered by the Supreme Court.

¶4 It is therefore ordered that the petition for discretionary review is allowed for the sole purpose of vacating the decision of the Court of Appeals purporting to abolish the causes of action for Alienation of Affections and Criminal Conversation.

¶5 The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for entry of an order reversing the order of the trial court granting summary judgment in favor of defendant and remanding the case to the Superior Court of PlTT County for trial.

¶6 This the 27th day of February, 1985.

Vaughn, J.

¶7 For the Court