Legal Opinion

Everette v. Taylor

Court of Appeals of North Carolina

Decided October 15, 1985No. 853SC163PublishedCited by 2 opinions

1Opinion of the Court

ARNOLD, Judge.

The plaintiff first contends the court erred in granting a permanent injunction when the only matter before the court was a hearing on whether to extend the temporary restraining order. We agree and vacate the permanent injunction.

It is apparent from the court’s order that it has finally and absolutely determined adversely to plaintiff the issue regarding whether proper service was obtained against Joseph Taylor and the issue whether plaintiff should be barred from proceeding under this judgment against the person who admitted he caused the accident in question. A permanent…

2Cases cited3 opinions

  1. Patterson v. Durham Hosiery MillsSupreme Court of North Carolina · 1939
  2. Hugh MacRae & Co. v. ShewSupreme Court of North Carolina · 1941
  3. Shishko v. WhitleyCourt of Appeals of North Carolina · 1983

3Cited by2 opinions

  1. Beaufort County v. ButlerSupreme Court of South Carolina · 1994
  2. CB&I Constructors, Inc. v. Town of Wake ForestCourt of Appeals of North Carolina · 2003

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