E. L. Morrison Lumber Co. v. Vance Widenhouse Construction, Inc.

Court of Appeals of North Carolina

E. L. Morrison Lumber Co. v. Vance Widenhouse Construction, Inc.

330 S.E.2d 67, 75 N.C. App. 190, 1985 N.C. App. LEXIS 3580

CourtCourt of Appeals of North Carolina

DecidedJune 4, 1985

DocketNo. 8419SC1125

StatusPublished

This text of 330 S.E.2d 67 (E. L. Morrison Lumber Co. v. Vance Widenhouse Construction, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E. L. Morrison Lumber Co. v. Vance Widenhouse Construction, Inc., 330 S.E.2d 67, 75 N.C. App. 190, 1985 N.C. App. LEXIS 3580 (N.C. Ct. App. 1985).

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Opinion

ARNOLD, Judge.

“When, pending an appeal . . ., a development occurs, by reason of which the questions originally in controversy between the parties are no longer at issue, the appeal will be dismissed for the reason that this Court will not entertain or proceed with a cause merely to determine abstract propositions of law or to determine which party should rightly have won in the lower court.” Parent-Teacher Assoc. v. Bd. of Education, 275 N.C. 675, 679, 170 S.E. 2d 473, 476 (1969). In the case sub judice, when the plaintiff took a voluntary dismissal of its complaint against C K Federal Savings and Loan, the Savings and Loan attempt to obtain indemnification from the third-party became moot, thus, necessitating the dismissal of this appeal.

Appeal dismissed.

Judges Martin and Parker concur.

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ARNOLD, Judge.

“When, pending an appeal . . ., a development occurs, by reason of which the questions originally in controversy between the parties are no longer at issue, the appeal will be dismissed for the reason that this Court will not entertain or proceed with a cause merely to determine abstract propositions of law or to determine which party should rightly have won in the lower court.” Parent-Teacher Assoc. v. Bd. of Education, 275 N.C. 675, 679, 170 S.E. 2d 473, 476 (1969). In the case sub judice, when the plaintiff took a voluntary dismissal of its complaint against C K Federal Savings and Loan, the Savings and Loan attempt to obtain indemnification from the third-party became moot, thus, necessitating the dismissal of this appeal.

Appeal dismissed.

Judges Martin and Parker concur.

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Bluebook (online)

330 S.E.2d 67, 75 N.C. App. 190, 1985 N.C. App. LEXIS 3580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-l-morrison-lumber-co-v-vance-widenhouse-construction-inc-ncctapp-1985.

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