Forbes Homes, Inc. v. Trimpi
| Decision Date | 27 February 1985 |
| Docket Number | No. 627A84,627A84 |
| Citation | 313 N.C. 168,326 S.E.2d 30 |
| Court | North Carolina Supreme Court |
| Parties | FORBES HOMES, INC., a North Carolina Corporation v. John G. TRIMPI and Trimpi, Thompson & Nash. |
Frank B. Aycock, Jr., Currituck, for plaintiff-appellee.
Trimpi, Thompson & Nash by Thomas P. Nash, IV, Elizabeth City, for defendants-appellants.
The trial court entered judgment on August 3, 1983, granting the defendants' motion to dismiss under N.C.G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief could be granted. A divided panel of the Court of Appeals reversed, and the defendants appealed to this Court as a matter of right.
Chief Justice Branch took no part in the consideration or decision of this case. The remaining members of this Court being equally divided, with three members voting to affirm the Court of Appeals and three members to reverse, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See State v. Johnson, 286 N.C. 331, 210 S.E.2d 260 (1974).
AFFIRMED.
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Daniels v. Durham County Hosp. Corp., COA04-338.
...left undisturbed and stands without precedential value." 321 N.C. 260, 266, 362 S.E.2d 273, 276 (1987) (citing Forbes Homes, Inc. v. Trimpi, 313 N.C. 168, 326 S.E.2d 30 (1985)). This Court in Clark v. Perry followed Cox and later held, "we have expressly declined to ... impose upon a hospit......
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Brandis v. Lightmotive Fatman, Inc.
...S.E.2d 328 (1984). The defendants appealed and the reversal was affirmed per curiam by an equally divided Court. Forbes Homes v. Trimpi, 313 N.C. 168, 326 S.E.2d 30 (1985). In the second appeal, our Supreme Court stated, "Because the Court of Appeals' decision was affirmed per curiam withou......
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Scott v. United Carolina Bank
...v. State, 289 N.C. 303, 222 S.E.2d 412 (1976); Forbes Homes, Inc. v. Trimpi, 70 N.C.App. 614, 320 S.E.2d 328 (1984), affirmed, 313 N.C. 168, 326 S.E.2d 30 (1985). Any such agreement on the part of defendant Clark to assume the debt of the trust or of Mr. Ingram would be required to be in wr......
- State v. Downing, 161PA84