Threatte v. Threatte, 665PA82

Decision Date03 May 1983
Docket NumberNo. 665PA82,665PA82
Citation302 S.E.2d 226,308 N.C. 384
CourtNorth Carolina Supreme Court
PartiesBen J. THREATTE, Sr., Individually and Ben J. Threatte, Sr., as Administrator of the Estate of Rance K. Threatte, Deceased v. Beverly Ann THREATTE.

Raymer, Lewis, Eisele, Patterson & Ashburn by Douglas G. Eisele, Statesville, for plaintiff-appellee.

Pope, McMillan, Gourley & Kutteh by Robert H. Gourley, Statesville, for defendant-appellant.

PER CURIAM.

This is an action for a declaratory judgment to determine the appropriate disposition of proceeds of a money market savings certificate. The trial court determined plaintiff was the owner of the account at First Savings and Loan Association of Statesville and the Court of Appeals affirmed. After reviewing the record and briefs, and hearing oral arguments on the question presented, we conclude the petition for further review was improvidently granted. Our order granting further review is vacated. The decision of the Court of Appeals affirming the judgment of Iredell Superior Court remains undisturbed and in full force and effect.

DISCRETIONARY REVIEW IMPROVIDENTLY GRANTED.

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10 cases
  • Smith v. HBE Corp.
    • United States
    • U.S. District Court — Eastern District of North Carolina
    • April 18, 1986
    ...City of Raleigh, 280 N.C. 531, 187 S.E.2d 35, 43 (1972); Threatte v. Threatte, 59 N.C.App. 292, 296 S.E.2d 521 (1982), aff'd, 308 N.C. 384, 302 S.E.2d 226 (1983). The propriety of summary judgment in a declaratory judgment action is governed by the same considerations applicable to any othe......
  • North Carolina Farm Bureau Mut. Ins. Co. v. Briley
    • United States
    • North Carolina Court of Appeals
    • October 7, 1997
    ...in a declaratory judgment action, Threatte v. Threatte, 59 N.C.App. 292, 294, 296 S.E.2d 521, 523 (1982), appeal dismissed, 308 N.C. 384, 302 S.E.2d 226 (1983), and the scope of appellate review from allowance of a summary judgment motion therein is the same as for other actions, N.C.G.S. §......
  • INTEGON INDEM. v. Universal Underwriters, COA97-385.
    • United States
    • North Carolina Court of Appeals
    • November 3, 1998
    ...in a declaratory judgment action. Threatte v. Threatte, 59 N.C.App. 292, 294, 296 S.E.2d 521, 523 (1982), appeal dismissed, 308 N.C. 384, 302 S.E.2d 226 (1983). The scope of appellate review thereof is the same as for other actions. N.C.G.S. § 1-258 (1996); Dickey v. Herbin, 250 N.C. 321, 3......
  • Estate of Francis, Matter of
    • United States
    • North Carolina Supreme Court
    • July 26, 1990
    ...or as guardian of their children); Threatte v. Threatte, 59 N.C.App. 292, 296 S.E.2d 521, disc. rev. improvidently granted, 308 N.C. 384, 302 S.E.2d 226 (1983) (Signature card on certificate of deposit containing survivorship language in compliance with N.C.G.S. § 41-2.1(a) permitted dispos......
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