State Ex Rel. Howes v. Ormond Oil & Gas Co.
Court of Appeals of North Carolina
1Opinion of the Court
WYNN, Judge.
“A consent judgment is valid only if all parties give their unqualified consent at the time the court sanctions the agreement and promulgates it as a judgment.” Briar Metal Products, Inc. v. Smith, 64 N.C. App. 173, 176, 306 S.E.2d 553, 555 (1983) (citing Overton v. Overton, 259 N.C. 31, 129 S.E.2d 593 (1963)). In this case, the trial court, at the State’s request, ordered William E. Ormond, Sr. on behalf of himself and Ormond Oil & Gas Company, Inc. to comply with the terms of a proposed consent judgment. Because Ormond did not consent to the proposed consent judgment, we hold…
2Cases cited8 opinions
- Overton v. OvertonSupreme Court of North Carolina · 1963
- Kapiloff v. Askin Stores Inc.Supreme Court of Georgia · 1947
- Wenneker v. FragerMissouri Court of Appeals · 1969
- Beirne v. Fitch Sanitarium, Inc.District Court, S.D. New York · 1958
- McKenzie v. BoorhemDistrict Court, W.D. Arkansas · 1954
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3Cited by14 opinions
- Hardin v. KCS International, Inc.Court of Appeals of North Carolina · 2009
- Few v. Hammack Enterprises, Inc.Court of Appeals of North Carolina · 1999
- Currituck Associates—Residential Partnership v. HollowellCourt of Appeals of North Carolina · 2004
- Baxley v. JacksonCourt of Appeals of North Carolina · 2006
- Estate of Barber Ex Rel. Barber v. Guilford County Sheriff's DepartmentCourt of Appeals of North Carolina · 2003
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