Forbes Homes, Inc. v. Trimpi

Supreme Court of North Carolina

Forbes Homes, Inc. v. Trimpi

326 S.E.2d 30, 313 N.C. 168, 1985 N.C. LEXIS 1509

Supreme Court of North Carolina·Decided February 27, 1985·No. 627A84·Published·Cited by 6 cases

Opinion

PER CURIAM.

The trial court entered judgment on August 3, 1983, granting the defendants’ motion to dismiss under N.C.G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief could be granted. A divided panel of the Court of Appeals reversed, and the defendants appealed to this Court as a matter of right.

Chief Justice Branch took no part in the consideration or decision of this case. The remaining members of this Court being equally divided, with three members voting to affirm the Court of Appeals and three members to reverse, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See State v. Johnson, 286 N.C. 331, 210 S.E. 2d 260 (1974).

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The trial court entered judgment on August 3, 1983, granting the defendants’ motion to dismiss under N.C.G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief could be granted. A divided panel of the Court of Appeals reversed, and the defendants appealed to this Court as a matter of right.

Chief Justice Branch took no part in the consideration or decision of this case. The remaining members of this Court being equally divided, with three members voting to affirm the Court of Appeals and three members to reverse, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See State v. Johnson, 286 N.C. 331, 210 S.E. 2d 260 (1974).

Affirmed.

Forbes Homes, Inc. v. Trimpi, 326 S.E.2d 30, 313 N.C. 168, 1985 N.C. LEXIS 1509 (N.C. 1985).

Pincite

326 S.E.2d 30 (Forbes Homes, Inc. v. Trimpi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related