Peoples v. Tuck

Supreme Court of North Carolina

Peoples v. Tuck

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

Supreme Court of North Carolina·Decided August 17, 2017·No. No. 423P16·Published

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."

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

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