Legal Opinion

Ross v. Ross

Court of Appeals of North Carolina

Decided June 15, 1977No. 761DC888PublishedCited by 13 opinions

1Opinion of the Court

MORRIS, Judge.

By his initial assignment of error, defendant contends that the trial judge erred in denying his motion for a more definite statement. Of course, the grant or denial of a motion for a more definite statement rests in the sound discretion of the trial judge, Mitchell v. E-Z Way Towers, Inc., 269 F. 2d 126 (5th Cir. 1959), and his ruling thereon will not be overturned on appeal absent a showing of abuse of discretion.

Rule 12(e) provides that .a motion for a more definite statement is proper only wdien “. . . a pleading to which a responsive pleading is permitted is so vague or…

2Cases cited9 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Mitchell v. E-Z Way Towers, Inc.Court of Appeals for the Fifth Circuit · 1959
  3. Brewer v. HarrisSupreme Court of North Carolina · 1971
  4. Manning v. ManningCourt of Appeals of North Carolina · 1973
  5. Guy v. GuyCourt of Appeals of North Carolina · 1975

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

3Cited by13 opinions

  1. Smith v. City of CharlotteCourt of Appeals of North Carolina · 1986
  2. Four Seasons Homeowners Ass'n v. W. K. SellersCourt of Appeals of North Carolina · 1983
  3. Page v. MandelCourt of Appeals of North Carolina · 2002
  4. Kingsdown, Inc. v. HinshawNorth Carolina Business Court · 2015
  5. Burgess v. Am. Express Co.North Carolina Business Court · 2007

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

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