Legal Opinion

Doby v. Lowder

Court of Appeals of North Carolina

Decided December 18, 1984No. 8420SC369PublishedCited by 20 opinions

1Opinion of the Court

HILL, Judge.

Plaintiffs contend the court erred in denying their motion to continue the hearing on defendant appellees’ motions for summary judgment and to strike plaintiffs’ notice of lis pendens. We disagree.

A motion to continue is addressed to the court’s sound discretion and will not be disturbed on appeal in the absence of abuse of discretion. Cleeland v. Cleeland, 249 N.C. 16, 18, 105 S.E. 2d 114, 116 (1958). Continuances are not favored and the party seeking a continuance has the burden of showing sufficient grounds for it. G.S. 1A-1, Rule 40(b); Shankle v. Shankle, 289 N.C. 473, 482,…

2Cases cited20 opinions

  1. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  2. Rosenthal v. PerkinsCourt of Appeals of North Carolina · 1979
  3. Shankle v. ShankleSupreme Court of North Carolina · 1976
  4. Aman v. . WalkerSupreme Court of North Carolina · 1914
  5. Nytco Leasing, Inc. v. Southeastern Motels, Inc.Court of Appeals of North Carolina · 1979

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

3Cited by20 opinions

  1. In re J.B.Court of Appeals of North Carolina · 2005
  2. Peace River Electric Cooperative, Inc. v. Ward Transformer Co.Court of Appeals of North Carolina · 1994
  3. In re D.Q.W., T.A.W., Q.K.T., Q.M.T., & J.K.M.T.Court of Appeals of North Carolina · 2004
  4. In re D.W.Court of Appeals of North Carolina · 2010
  5. State ex rel. Utilities Commission v. Carolina Water Service, Inc.Court of Appeals of North Carolina · 2013

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API