Jones v. Asheville Radiological Group

Supreme Court of North Carolina

Jones v. Asheville Radiological Group

517 S.E.2d 380, 350 N.C. 654, 1999 N.C. LEXIS 722

CourtSupreme Court of North Carolina

DecidedJuly 23, 1999

DocketNo. 242A98

StatusPublished

Cited by4 cases

This text of 517 S.E.2d 380 (Jones v. Asheville Radiological Group) 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

Jones v. Asheville Radiological Group, 517 S.E.2d 380, 350 N.C. 654, 1999 N.C. LEXIS 722 (N.C. 1999).

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Opinion

PER CURIAM.

We remand this case to the Court of Appeals to modify its opinion in Jones v. Asheville Radiological Group, 129 N.C. App. 449, 500 S.E.2d 740 (1998). First, the majority holding is found within an opinion authored by Judge Greene titled “concurrence and dissent.” Because of the potential confusion to the bench and bar, this opinion format is unacceptable and must be modified on remand. Second, the Court of Appeals reversed in part the judgment of the trial court but, in so doing, failed to identify precisely which, if any, of plaintiffs claims should have survived defendants’ motion for summary judgment in the trial court.

Accordingly, we remand the decision of the Court of Appeals to that court for issuance of an opinion consistent with this opinion.

REMANDED WITH INSTRUCTIONS.

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PER CURIAM.

We remand this case to the Court of Appeals to modify its opinion in Jones v. Asheville Radiological Group, 129 N.C. App. 449, 500 S.E.2d 740 (1998). First, the majority holding is found within an opinion authored by Judge Greene titled “concurrence and dissent.” Because of the potential confusion to the bench and bar, this opinion format is unacceptable and must be modified on remand. Second, the Court of Appeals reversed in part the judgment of the trial court but, in so doing, failed to identify precisely which, if any, of plaintiffs claims should have survived defendants’ motion for summary judgment in the trial court.

Accordingly, we remand the decision of the Court of Appeals to that court for issuance of an opinion consistent with this opinion.

REMANDED WITH INSTRUCTIONS.

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Bluebook (online)

517 S.E.2d 380, 350 N.C. 654, 1999 N.C. LEXIS 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-asheville-radiological-group-nc-1999.

Opinion

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