Peoples v. Tuck

Supreme Court of North Carolina

Peoples v. Tuck

802 S.E.2d 730, 2017 WL 3574208, 2017 N.C. LEXIS 572

CourtSupreme Court of North Carolina

DecidedAugust 17, 2017

DocketNo. 423P16

StatusPublished

This text of 802 S.E.2d 730 (Peoples v. Tuck) 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

Peoples v. Tuck, 802 S.E.2d 730, 2017 WL 3574208, 2017 N.C. LEXIS 572 (N.C. 2017).

Pincite

Opinion

Defendant's petition for discretionary review is allowed for the limited purpose of remanding to the Court of Appeals to reconsider its holding in light of United Community Bank (G.A.) v. Wolfe , --- N.C. ----, 799 S.E.2d 269 (2017). See United Cmty. Bank , --- N.C. at ----, 799 S.E.2d at 272 (recognizing that, under N.C.G.S. 1A-1, Rule 56(e), a party may not rest upon an affidavit containing merely "conclusory statement[s] without any supporting facts" to create a genuine issue of material fact).:

"Spec Order by order of the Court in conference, this the 17th of August 2017."

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Defendant's petition for discretionary review is allowed for the limited purpose of remanding to the Court of Appeals to reconsider its holding in light of United Community Bank (G.A.) v. Wolfe , --- N.C. ----, 799 S.E.2d 269 (2017). See United Cmty. Bank , --- N.C. at ----, 799 S.E.2d at 272 (recognizing that, under N.C.G.S. 1A-1, Rule 56(e), a party may not rest upon an affidavit containing merely "conclusory statement[s] without any supporting facts" to create a genuine issue of material fact).:

"Spec Order by order of the Court in conference, this the 17th of August 2017."

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Bluebook (online)

802 S.E.2d 730, 2017 WL 3574208, 2017 N.C. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-v-tuck-nc-2017.