73 N.C. App. 76 - Case v. Case’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Before determining whether the trial court’s summary judgment orders were correct, we examine the procedural status of defendant’s appeal. As a general rule, a party may properly appeal only from a final order, which disposes of all the issues as to all parties, or an interlocutory order affecting a substantial right of the appellant. The purpose of the substantial right doctrine is to prevent fragmentary or premature appeals, by permitting the trial division to have done with a case fully and finally before it is presented to the appellate division].] In ruling on the parties’ summary judgment motions, the trial judge noted that the record fails to establish any genuine issue of material fact that would support the legal conclusion that the separation agreement of the parties is not valid as to the division of the property of the parties. By its rulings, the trial court necessarily determined that the separation agreement was valid as a matter of law and that defendant’s counterclaim for equitable distribution should therefore be denied. The only issues left remaining for trial were those relating to plaintiff’s claim for specific performance of the separation agreement, or, alternatively, damages for breach. The trial court’s orders did not constitute a final judgment as they did not dispose of all issues as to all the parties in the lawsuit. However, it has been held that an order which completely disposes of one of several issues in a suit affects a substantial right. The”

   1 later decision quote this exact passage
   e.g. 208 N.C. App. 70 - Honeycutt v. Honeycutt

2. “An “executory contract” is one in which a party binds himself to do or not to do a particular thing in the future. When all future performances have occurred and there is no outstanding promise calling for fulfillment by either party, the contract is no longer “executory,” but is “executed.” Thus when our cases speak of the “executory provisions” of a separation agreement, they are referring to those provisions which require a spouse to do some future act in accordance with the terms of the agreement ....”

   1 later decision quote this exact passage
   e.g. 107 N.C. App. 366 - Schultz v. Schultz

3. “Ordinarily it is error for a court to hear and rule on a motion for summary judgment when discovery procedures, which might lead to the production of evidence relevant to the motion, are still pending and the party seeking discovery has not been dilatory in doing so.”

   1 later decision quote this exact passage
   e.g. Lee v. Collins