Legal Opinion

Edwards v. Brown's Cabinets & Millwork, Inc.

Court of Appeals of North Carolina

Decided August 16, 1983No. 828SC378PublishedCited by 13 opinions

1Opinion of the Court

. JOHNSON, Judge.

The primary issue in this appeal is whether the trial court acted properly in awarding summary judgment to defendant. Plaintiff first argues that the doctrine of res judicata, asserted as an affirmative defense by defendant, does not apply in this case to bar her action to have the judgment lien on her property removed as a cloud on her title. We agree with plaintiff on this point. In order for the doctrine of res judicata to apply, there must be “a final judgment or decree, necessarily determining a fact, question or right in issue, rendered by a court of record and of…

2Cases cited11 opinions

  1. King v. GrindstaffSupreme Court of North Carolina · 1973
  2. Masters v. DunstanSupreme Court of North Carolina · 1962
  3. Carpenter v. CarpenterSupreme Court of North Carolina · 1956
  4. Lawing v. JaynesSupreme Court of North Carolina · 1974
  5. Cutter v. CUTTER REALTY COMPANYSupreme Court of North Carolina · 1965

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Leary v. N.C. Forest Products, Inc.Court of Appeals of North Carolina · 2003
  2. Daniels v. Montgomery Mutual InsuranceSupreme Court of North Carolina · 1987
  3. Ivester v. MillerDistrict Court, M.D. North Carolina · 2008
  4. Doub v. Hartford Fire Insurance (In Re Medlin)United States Bankruptcy Court, E.D. North Carolina · 1998
  5. Collins v. TalleyCourt of Appeals of North Carolina · 2001

8 more not listed; retrieve them via the Exa API.

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