In re the Foreclosure of the Property of Johnson

Supreme Court of North Carolina

In re the Foreclosure of the Property of Johnson

338 S.E.2d 104, 315 N.C. 388, 1986 N.C. LEXIS 1878

CourtSupreme Court of North Carolina

DecidedJanuary 7, 1986

DocketNo. 123PA85

StatusPublished

This text of 338 S.E.2d 104 (In re the Foreclosure of the Property of Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Foreclosure of the Property of Johnson, 338 S.E.2d 104, 315 N.C. 388, 1986 N.C. LEXIS 1878 (N.C. 1986).

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Opinion

PER CURIAM.

The record discloses that the trial judge was unable to properly settle the record on appeal: the record did not show nor did the trial judge have any independent recollection of whether several critical documents were offered into evidence. Therefore, in the interests of justice and pursuant to our constitutional supervisory power and Rule 2 of the North Carolina Rules of Appellate Procedure, the decision of the Court of Appeals and the order of the superior court are vacated, and this case is remanded to the Court of Appeals for further remand to the Superior Court, Chat-ham County, for a de novo hearing.

Vacated and remanded.

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PER CURIAM.

The record discloses that the trial judge was unable to properly settle the record on appeal: the record did not show nor did the trial judge have any independent recollection of whether several critical documents were offered into evidence. Therefore, in the interests of justice and pursuant to our constitutional supervisory power and Rule 2 of the North Carolina Rules of Appellate Procedure, the decision of the Court of Appeals and the order of the superior court are vacated, and this case is remanded to the Court of Appeals for further remand to the Superior Court, Chat-ham County, for a de novo hearing.

Vacated and remanded.

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Bluebook (online)

338 S.E.2d 104, 315 N.C. 388, 1986 N.C. LEXIS 1878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-foreclosure-of-the-property-of-johnson-nc-1986.