Legal Opinion

Able Outdoor, Inc. v. Harrelson

Supreme Court of North Carolina

Decided July 28, 1995No. 115PA94PublishedCited by 16 opinions

1Opinion of the Court

WEBB, Justice.

The first question we face in this appeal is whether Judge Cashwell had jurisdiction to interpret N.C.G.S. § 6-19.1 or N.C.G.S. § 1A-1, Rule 11 as to the award of attorney’s fees. If he had jurisdiction to do so, it was error for Judge Bowen to strike this award. One superior court judge may not overrule another. Calloway v. Motor Co., 281 N.C. 496, 501, 189 S.E.2d 484, 488 (1972); Huffaker v. Holley, 111 N.C. App. 914, 433 S.E.2d 474 (1993); Madry v. Madry, 106 N.C. App. 34, 415 S.E.2d 74 (1992). If Judge Cashwell did not have jurisdiction to act under these sections of the…

2Cases cited5 opinions

  1. Smith v. StateSupreme Court of North Carolina · 1976
  2. Calloway v. Ford Motor CompanySupreme Court of North Carolina · 1972
  3. Garner v. . WorthSupreme Court of North Carolina · 1898
  4. Lincoln Construction Co. v. Property Control & Construction Division of the Department of AdministrationCourt of Appeals of North Carolina · 1969
  5. Huffaker v. HolleyCourt of Appeals of North Carolina · 1993

3Cited by16 opinions

  1. Hieb v. LowerySupreme Court of North Carolina · 1996
  2. Frye v. Brunswick County Board of EducationDistrict Court, E.D. North Carolina · 2009
  3. Harper v. City of AshevilleCourt of Appeals of North Carolina · 2003
  4. Early v. County of Durham, Department of Social ServicesCourt of Appeals of North Carolina · 2008
  5. Daily Express, Inc. v. BeattyCourt of Appeals of North Carolina · 2010

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