Burgin v. Owen
| Decision Date | 11 October 2007 |
| Docket Number | No. 189P07.,189P07. |
| Citation | 652 S.E.2d 257 |
| Parties | James A. BURGIN v. Willard Ray OWEN and wife, Arimella H. Owen. |
| Court | North Carolina Supreme Court |
ORDER
Upon consideration of the petition filed by Plaintiff on the 19th day of April 2007 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 11th day of October 2007."
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13 cases
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Eubank v. Van–Riel
...to make a good claim; or (3) the complaint discloses some fact that necessarily defeats the plaintiff's claim.’ “ Burgin v. Owen, 181 N.C.App. 511, 512, 640 S.E.2d 427, 428–29 (citing Country Club of Johnston Cty., Inc. v. U.S. Fidelity & Guar. Co., 150 N.C.App. 231, 238, 563 S.E.2d 269, 27......
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Bissette v. Harrod
...to make a good claim; or (3) the complaint discloses some fact that necessarily defeats the plaintiff's claim.’ ” Burgin v. Owen, 181 N.C.App. 511, 512, 640 S.E.2d 427, 428–29 (citing Country Club of Johnston Cty., Inc. v. U.S. Fidelity & Guar. Co., 150 N.C.App. 231, 238, 563 S.E.2d 269, 27......
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Glynne v. Wilson Med. Ctr., Carolina Corp.
...legal theory when the complaint is liberally construed and all the allegations included therein are taken as true.” Burgin v. Owen, 181 N.C.App. 511, 512, 640 S.E.2d 427, 428 (citing Country Club of Johnston County, Inc. v. U.S. Fidelity & Guar. Co., 150 N.C.App. 231, 238, 563 S.E.2d 269, 2......
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Howard v. Cnty. of Durham
...loss, we hold that “the complaint on its face reveals the absence of facts sufficient to make a good claim.” Burgin v. Owen, 181 N.C.App. 511, 512, 640 S.E.2d 427, 429 (citation and quotation marks omitted), app. dismissed,361 N.C. 425, 647 S.E.2d 98,disc. rev. denied,361 N.C. 690, 652 S.E.......
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