Kennedy v. Kennedy

Decision Date04 December 2003
Docket NumberNo. 500A03.,500A03.
Citation357 N.C. 658,590 S.E.2d 267
CourtNorth Carolina Supreme Court
PartiesJeffrey R. KENNEDY, D.D.S., P.A. v. K. Carroll KENNEDY and Jerre Kennedy.

K. Edward Greene, Thomas H. Stark, Chapel Hill, for Carroll and Jerre Kennedy. J. Reed Johnston, Jr., Amanda L. Fields, Greensboro, for Jeffrey R. Kennedy, D.D.S., P.A.

Prior report: ___ N.C.App. ___, 584 S.E.2d 328.

ORDER

Upon consideration of the petition for discretionary review, filed by Defendants in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Dismissed by order of the Court in conference, this the 4th day of October 2003."

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7 cases
  • Washburn v. Yadkin Valley Bank & Trust
    • United States
    • North Carolina Court of Appeals
    • May 6, 2008
    ...to compete restrain trade and are scrutinized strictly. Kennedy v. Kennedy, 160 N.C.App. 1, 584 S.E.2d 328, appeal dismissed, 357 N.C. 658, 590 S.E.2d 267 (2003). To the extent the language of a written instrument is ambiguous, its provisions are to be strictly construed against the draftin......
  • Outdoor Lighting Perspectives Franchising, Inc. v. Patrick Harders, Outdoor Lighting Perspectives of N. Va., Inc.
    • United States
    • North Carolina Court of Appeals
    • August 6, 2013
    ...and conclusions of law; our review is de novo.” Kennedy v. Kennedy, 160 N.C.App. 1, 8, 584 S.E.2d 328, 333,appeal dismissed,357 N.C. 658, 590 S.E.2d 267 (2003). A reviewing court should uphold the issuance of a preliminary injunction “(1) if a plaintiff is able to show likelihood of success......
  • Bowling v. MARGARET R. PARDEE MEMORIAL HOSPITAL
    • United States
    • North Carolina Court of Appeals
    • October 17, 2006
    ...Ins. Co. of Am. v. J & H Marsh & McClennan, Inc., 142 N.C. App. 699, 701, 543 S.E.2d 898, 900 (2001), disc. review denied, 357 N.C. 658, 590 S.E.2d 267 (2003); see also Green v. Duke Power Co., 305 N.C. 603, 606, 290 S.E.2d 593, 595 (1982). However, "if there are no factual issues common to......
  • Butler v. Butler
    • United States
    • North Carolina Court of Appeals
    • January 20, 2015
    ...P.A. v. Kennedy, 160 N.C.App. 1, 15, 584 S.E.2d 328, 337 (citation and internal quotation marks omitted), appeal dismissed, 357 N.C. 658, 590 S.E.2d 267 (2003).In the present case, we note as an initial matter that the parties' appellate briefs offer wildly divergent accounts of the proceed......
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