Legal Opinion · Dissent

Hines v. Yates

Court of Appeals of North Carolina

Decided July 5, 2005No. COA04-775Published

1DissentWynn, Judge

The majority states that “Examination of the verified pleadings shows: (1) Yates had justification for his actions; and (2) plaintiff suffered no damage as a result. Id. Plaintiff made no showing that he was terminated because of Hurley’s request or that he suffered recoverable damages as a result of Hurley requesting plaintiffs termination.” Because, beyond the pleadings, which are not verified, the “depositions, answers to interrogatories, and admissions on file, together with the affidavits,” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2004), reveal that there exists a material dispute of fact as…

2Cases cited7 opinions

  1. Singleton v. StewartSupreme Court of North Carolina · 1972
  2. Williams v. Carolina Power & Light Co.Supreme Court of North Carolina · 1979
  3. Moore v. City of CreedmoorSupreme Court of North Carolina · 1997
  4. Wagoner v. Elkin City Schools' Board of EducationCourt of Appeals of North Carolina · 1994
  5. Jennings Communications Corp. v. PCG of the Golden Strand, Inc.Court of Appeals of North Carolina · 1997

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