Murphy v. Glafenhein

Decision Date07 October 1993
Docket NumberNo. 329P93,329P93
Citation335 N.C. 176,436 S.E.2d 382
PartiesRobert D. MURPHY v. Sylvia J. GLAFENHEIN, Executrix of the Estate of Herbert Otto Glafenhein, Sr., Deceased; and Bernstein Hurst d/b/a Hurst Trailers; and Gene Manning d/b/a Manning Tractor, Truck and Equipment.
CourtNorth Carolina Supreme Court

John C. Cloninger and Patricia L. Arcuri, Asheville, for defendant Manning.

Larry I. Moore, III and Edward L. Bleynat, Jr., Greensboro, for defendant Glafenhein.

Joseph A. Ferikes, Asheville, for plaintiff.

Prior report: 110 N.C.App. 830, 431 S.E.2d 241.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant (Manning) in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendant (Glafenhein); and upon consideration of the petition for discretionary review of the decision of the North Carolina Court of Appeals, filed by Defendant (Manning) pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 7th day of October 1993."

The Petition for Discretionary Review is:

"Denied by order of the Court in conference, this the 7th day of October 1993."

Upon consideration of the petition filed by Defendant (Glafenhein) 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 7th day of October 1993."

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8 cases
  • Tejal Vyas, LLC v. CARRIAGE PARK, LP
    • United States
    • North Carolina Court of Appeals
    • September 7, 2004
    ...N.C.App. 24, 27, 519 S.E.2d 317, 320 (1999) (citing Murphy v. Glafenhein, 110 N.C.App. 830, 431 S.E.2d 241, disc. rev. denied, 335 N.C. 176, 436 S.E.2d 382 (1993)). The Due Process Clause of the Fourteenth Amendment limits the power of a state to exercise in personam jurisdiction over a non......
  • ADAMS, KLEEMEIER, HAGAN, HANNAH v. Jacobs
    • United States
    • North Carolina Court of Appeals
    • June 17, 2003
    ...141 N.C.App. 668, 671, 541 S.E.2d 733, 736 (2001); Murphy v. Glafenhein, 110 N.C.App. 830, 431 S.E.2d 241,disc. review denied, 335 N.C. 176, 436 S.E.2d 382 (1993). Moreover, "when the defendant supplements its motion [for dismissal] with affidavits or other supporting evidence, the allegati......
  • Sherlock v. Sherlock
    • United States
    • North Carolina Court of Appeals
    • May 1, 2001
    ... ... Filmar Racing, Inc. v. Stewart, ___ N.C.App. ___, 541 S.E.2d 733 (2001); Murphy v. Glafenhein, 110 N.C.App. 830, 431 S.E.2d 241, disc. review denied, 335 N.C. 176, 436 S.E.2d 382 (1993). The court's determination that grounds ... ...
  • Replacements, Ltd. v. MidweSterling
    • United States
    • North Carolina Court of Appeals
    • May 4, 1999
    ... ... Murphy v. Glafenhein, 110 N.C.App. 830, 431 S.E.2d 241, disc. review denied, 335 N.C. 176, 436 S.E.2d 382 (1993). In order to satisfy the requirements of ... ...
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