Cannon v. Miller

Decision Date27 February 1985
Docket NumberNo. 21P85,21P85
Citation313 N.C. 324,327 S.E.2d 888
CourtNorth Carolina Supreme Court
PartiesHaywood A. CANNON v. Jeffrey L. MILLER.
ORDER

It appearing that the panel of Judges of the Court of Appeals to which this case was assigned has acted under a misapprehension of its authority to overrule decisions of the Supreme Court of North Carolina and its responsibility to follow those decisions, until otherwise ordered by the Supreme Court.

It is therefore ordered that the petition for discretionary review is allowed for the sole purpose of vacating the decision of the Court of Appeals purporting to abolish the causes of action for Alienation of Affections and Criminal Conversation. 71 N.C.App. 460, 322 S.E.2d 780.

The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for entry of an order reversing the order of the trial court granting summary judgment in favor of defendant and remanding the case to the Superior Court of Pitt County for trial.

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  • State v. Perkins
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    • December 6, 2022
    ... ... 115, 118, 431 S.E.2d 178,180 (1993); see also Dunn v ... Pate , 106 N.C.App. 56, 60, 415 S.E.2d 102, 104 (quoting ... Cannon" v. Miller, 313 N.C. 324, 327 S.E.2d 888 ... (1985)). A judge's personal opinion or notion to the ... contrary is immaterial ...         \xC2" ... ...
  • State v. Perkins
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    • December 6, 2022
    ... ... 115, 118, 431 S.E.2d 178,180 (1993); see also Dunn v ... Pate , 106 N.C.App. 56, 60, 415 S.E.2d 102, 104 (quoting ... Cannon" v. Miller, 313 N.C. 324, 327 S.E.2d 888 ... (1985)). A judge's personal opinion or notion to the ... contrary is immaterial ...         \xC2" ... ...
  • Routten v. Routten
    • United States
    • North Carolina Court of Appeals
    • November 20, 2018
    ...Carolina and [have a] responsibility to follow those decisions, until otherwise ordered by the Supreme Court." Cannon v. Miller , 313 N.C. 324, 324, 327 S.E.2d 888, 888 (1985).The rule of decision established by In re Civil Penalty applies when two panels of this Court issue conflicting dec......
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2 books & journal articles
  • § 1.05 Actions Between Persons Who Were Engaged to Be Married
    • United States
    • Full Court Press Divorce, Separation and the Distribution of Property Title CHAPTER 1 Disputes Between Unmarried People
    • Invalid date
    ...Menhusen v. Drake, 214 Neb. 450, 334 N.W.2d 435 (1983). North Carolina: Cannon v. Miller, 71 N.C. App. 460, 322 S.E.2d 780, vacated 313 N.C. 324, 327 S.E.2d 888 (1984). South Carolina: Bradley v. Somers, 283 S.C. 365, 322 S.E.2d 665 (1984); Campbell v. Robinson, 398 S.C. 12, 726 S.E.2d 221 ......
  • § 8.01 Personal Injury Claims
    • United States
    • Full Court Press Divorce, Separation and the Distribution of Property Title CHAPTER 8 Miscellaneous Property Interests
    • Invalid date
    ...1999); Kirk v. Koch, 607 So.2d 1220 (Miss. 1992); Overstreet v. Merios, 570 So.2d 1196 (Miss. 1990). North Carolina: Cannon v. Miller, 313 N.C. 324, 327 S.E.2d 888 (1984); Horner v. Byrnett, 132 N.C. App. 323, 511 S.E.2d 342 (1999); Jennings v. Jessen, 103 N.C. App. 739, 407 S.E.2d 264 (199......

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