COUNTRY CLUB OF JOHNSTON COUNTY, INC. v. US FIDELITY AND …

Decision Date03 February 2000
Docket NumberNo. 521P99.,521P99.
Citation542 S.E.2d 207,351 N.C. 352
CourtNorth Carolina Supreme Court
PartiesThe COUNTRY CLUB OF JOHNSTON COUNTY, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY.

G. Gray Wilson, Elizabeth Horton, Winston-Salem, for United States Fidelity and Guaranty Co. L. Lamar Armstrong, Jr., Smithfield, W. Brian Howell, Raleigh, for C.C. of Johnston County.

Prior report: 135 N.C.App. 159, 519 S.E.2d 540.

ORDER

Upon consideration of the petition filed by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, 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 3rd day of February 2000."

Justi...

To continue reading

Request your trial
16 cases
  • Foster v. Crandell
    • United States
    • North Carolina Court of Appeals
    • January 2, 2007
    ...the case to go forward without an appeal would present the possibility of inconsistent jury verdicts), disc. review denied, 351 N.C. 352, 542 S.E.2d 207 (2000); Northwestern Fin. Group, Inc. v. County of Gaston, 110 N.C.App. 531, 536, 430 S.E.2d 689, 692 (holding that the defense of res jud......
  • Turner v. Hammocks Beach Corp.
    • United States
    • North Carolina Court of Appeals
    • August 19, 2008
    ...Guar. Co., 135 N.C.App. 159, 162, 519 S.E.2d 540, 543 (1999) (internal citations and quotations omitted), disc. rev. denied, 351 N.C. 352, 542 S.E.2d 207 (2000). It is undisputed that defendant's appeal is interlocutory. The trial court did not certify its order as immediately appealable pu......
  • Smith v. Polsky
    • United States
    • North Carolina Court of Appeals
    • January 17, 2017
    ...Guar. Co. , 135 N.C.App. 159, 167, 519 S.E.2d 540, 546 (1999) (citation and quotation marks omitted), disc. review denied , 351 N.C. 352, 542 S.E.2d 207 (2000). Thus, motions based upon res judicata serve to "prevent[ ] the possibility that a successful defendant, or one in privity with tha......
  • Head v. Gould Killian Cpa Grp., P.A.
    • United States
    • North Carolina Court of Appeals
    • December 20, 2016
    ...Johnston Cnty., Inc. v. U.S. Fidelity & Guar. Co. , 135 N.C.App. 159, 167, 519 S.E.2d 540, 546 (1999), disc. review denied , 351 N.C. 352, 542 S.E.2d 207 (2000) ).To demonstrate that a second trial will affect a substantial right, [the appellant] must show not only that one claim has been f......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT