Legal Opinion
McDowell v. McDowell
Court of Appeals of North Carolina
Decided April 19, 1983No. 828SC262PublishedCited by 8 opinions
1Opinion of the Court
JOHNSON, Judge.
The issue raised by this appeal is whether the court erred in granting the respondent’s motion for summary judgment, thereby dismissing the petition for partition. On a motion for summary judgment, under N.C.G.S. 1A-1, Rule 56, the movant has the burden of showing that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Vassey v. Burch, 301 N.C. 68, 269 S.E. 2d 137 (1980). For the reasons which follow, we find no genuine issue of material fact and affirm.
Under Chapter 46 of the North Carolina General Statutes, a tenant in…
2Cases cited9 opinions
- Knutton v. CofieldSupreme Court of North Carolina · 1968
- Vassey v. BurchSupreme Court of North Carolina · 1980
- Brown v. BogerSupreme Court of North Carolina · 1965
- Kayann Properties, Inc. v. CoxSupreme Court of North Carolina · 1966
- North Carolina National Bank v. CorbettSupreme Court of North Carolina · 1967
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McNally v. McNallyAppellate Division of the Supreme Court of the State of New York · 1987
- Miller v. MillerSupreme Court of New Hampshire · 1990
- Kopp v. KoppSupreme Court of Pennsylvania · 1985
- Murphy v. Coastal Physician Group, Inc.Court of Appeals of North Carolina · 2000
- Diggs v. DiggsCourt of Appeals of North Carolina · 1994
3 more not listed; retrieve them via the Exa API.