Legal Opinion

Harris v. Family Medical Center

Court of Appeals of North Carolina

Decided November 21, 1978No. 7814SC122PublishedCited by 11 opinions

1Opinion of the Court

CLARK, Judge.

Plaintiffs contend that they are entitled to amend their complaint as a matter of course prior to the filing of a responsive pleading, pursuant to Rule 15(a) of the North Carolina Rules of Civil Procedure. The plaintiffs contend that the defendants’ Rule 12(c) motion was not a responsive pleading and therefore they are entitled to amend after the court granted the Rule 12(c) motion in favor of defendants.

Rule 15(a) provides:

“Amendments. — A party may amend his pleading once as a matter of course at any time before a responsive pleading is served . . .

Plaintiffs argue that the…

2Cases cited6 opinions

  1. Sale v. JohnsonSupreme Court of North Carolina · 1963
  2. Thomas F. Clardy v. Duke University, a Corporation, and R. Charman CarrollCourt of Appeals for the Fourth Circuit · 1962
  3. Gillikin v. SpringleSupreme Court of North Carolina · 1961
  4. Haiduven v. CooperCourt of Appeals of North Carolina · 1974
  5. Woodruff v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1963

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

3Cited by11 opinions

  1. Johnson v. BollingerCourt of Appeals of North Carolina · 1987
  2. Johnson v. BollingerCourt of Appeals of North Carolina · 1987
  3. CG&T Corp. v. Board of Adjustment of WilmingtonCourt of Appeals of North Carolina · 1992
  4. Carter Ex Rel. Carter v. ClowersCourt of Appeals of North Carolina · 1991
  5. Chrisalis Properties, Inc. v. Separate Quarters, Inc.Court of Appeals of North Carolina · 1990

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

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