86 N.C. App. 397 - Banner v. Banner’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. “A voluntary dismissal under the current Rules of Civil Procedure is substantially the same as a voluntary nonsuit under the former procedure. “Under the former practice a judgment of voluntary nonsuit terminated the action and no suit was pending thereafter on which the court could make a valid order. . . . We think the same rule applies to an action in which a plaintiff takes a voluntary dismissal under G.S. 1A-1, Rule 41(a)(1).””

   1 later decision quote this exact passage
   e.g. 165 N.C. App. 423 - Rhue v. Pace

2. “Although N.C.G.S. § 1A-1, Rule 15(a) provides that leave to amend “shall be freely given when justice so requires,” the trial court has broad discretion in permitting or denying amendments after the time for amending as a matter of law has expired. . . . The trial court’s ruling on a motion to amend is not reviewable on appeal in the absence of an abuse of discretion.”

   1 later decision quote this exact passage
   e.g. 101 N.C. App. 81 - Chrisalis Properties, Inc. v. Separate Quarters, Inc.

3. “A judgment or order is not final under Rule 58 until it is entered on the clerk’s minute book.... However, the purpose of this rule is merely to give all parties fair notice of the entry of judgment. . . . Even though recording the judgment may be essential to be effective against third persons, the ‘entry’ of judgment is not essential as to the parties themselves.”

   1 later decision quote this exact passage
   e.g. Stachlowski v. Stach