Legal Opinion

Hewes v. Johnston

Court of Appeals of North Carolina

Decided April 5, 1983No. 8227SC417PublishedCited by 25 opinions

1Opinion of the Court

HEDRICK, Judge.

Defendant and third-party plaintiff, Hugh W. Johnston, contends the trial court erred in ordering dismissal of his claims against the third-party defendants, Mr. and Mrs. Hewes, and against the third-party defendants, Grier-Parker. To prevent a Rule 12(b)(6) dismissal, a party must (1) give sufficient notice of the events on which the claim is based to enable the adverse party to respond an'd prepare for trial, and (2) “state enough to satisfy the substantive elements of at least some legally recognized claim. . . .” Orange County v. Dept. of Transportation, 46 N.C. App. 350,…

2Cases cited3 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Stanback v. StanbackSupreme Court of North Carolina · 1979
  3. Orange County v. Department of TransportationCourt of Appeals of North Carolina · 1980

3Cited by25 opinions

  1. Harris v. NCNB National Bank of North CarolinaCourt of Appeals of North Carolina · 1987
  2. Johnson v. BollingerCourt of Appeals of North Carolina · 1987
  3. Strickland v. HedrickCourt of Appeals of North Carolina · 2008
  4. Johnson v. BollingerCourt of Appeals of North Carolina · 1987
  5. Fox v. WilsonCourt of Appeals of North Carolina · 1987

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