Vares v. Vares, 642P02.

CourtUnited States State Supreme Court of North Carolina
Citation357 N.C. 67,579 S.E.2d 576
Docket NumberNo. 642P02.,642P02.
PartiesTerry VARES, Individually and as Guardian Ad Litem for Justice Vares v. Gregory VARES, Bert L. Bennett, Jr., John Bennett, Sean McPartland, and Ann Bennett Phillips.
Decision Date27 March 2003

579 S.E.2d 576
357 N.C. 67

Terry VARES, Individually and as Guardian Ad Litem for Justice Vares
v.
Gregory VARES, Bert L. Bennett, Jr., John Bennett, Sean McPartland, and Ann Bennett Phillips.

No. 642P02.

Supreme Court of North Carolina.

March 27, 2003.


Katherine E. Jean, Raleigh, for Terry Vares, GAL for Justice.

579 S.E.2d 577
R. Palmer Sugg, Raleigh, for Ann Bennett Phillips.

George R. Ragsdale, Raleigh, Andrew C. Buckner, for Bert L. Bennett, Jr.

Prior report: 154 N.C.App. 83, 571 S.E.2d 612.

ORDER

Upon consideration of the petition filed by Plaintiff 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 27th day of March 2003."

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37 practice notes
  • Harper v. Hall, 413PA21
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • February 14, 2022
    ...in a "constitutionally protected activity," including First Amendment activities), appeal dismissed and disc. rev. denied , 357 N.C. 66, 579 S.E.2d 576 (2003) ; see Evans v. Cowan , 132 N.C. App. 1, 11, 510 S.E.2d 170, 177 (1999) (determining "there was no forecast of evidence" to support a......
  • Harper v. Hall, 413PA21
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • February 14, 2022
    ...in a "constitutionally protected activity," including First Amendment activities), appeal dismissed and disc. rev. denied, 357 N.C. 66, 579 S.E.2d 576 (2003); see Evans v. Cowan, 132 N.C.App. 1, 11, 510 S.E.2d 170, 177 (1999) (determining "there was no forecast of evidence" to support a ret......
  • Russ v. Causey, 7:09-CV-17-FL
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • August 5, 2010
    ...350, 354 (1996), disc. rev. denied, 345 N.C. 344, 483 S.E.2d 172 (1997)) (alterations in original), disc. rev. denied, 357 N.C. 66, 579 S.E.2d 576 (2003). An intrusion occurs where the solitude, seclusion, private affairs, or personal concerns of a person are invaded in circumstances where ......
  • Byrd v. Hopson, CIV. 1:02CV212.
    • United States
    • United States District Courts. 4th Circuit. Western District of North Carolina
    • May 23, 2003
    ...there is an underlying claim for unlawful conduct. Toomer v. Garrett, ___ N.C.App. ___, 574 S.E.2d 76 (2002), appeal dism., 357 N.C. 66, 579 S.E.2d 576 (2003); Henry v. Deen, 310 N.C. 75, 87, 310 S.E.2d 326, 334 (1984). Thus, where the underlying claim has been dismissed, the civil conspira......
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37 cases
  • Harper v. Hall
    • United States
    • United States State Supreme Court of North Carolina
    • February 14, 2022
    ...in a "constitutionally protected activity," including First Amendment activities), appeal dismissed and disc. rev. denied , 357 N.C. 66, 579 S.E.2d 576 (2003) ; see Evans v. Cowan , 132 N.C. App. 1, 11, 510 S.E.2d 170, 177 (1999) (determining "there was no forecast of evidence" to support a......
  • Harper v. Hall
    • United States
    • United States State Supreme Court of North Carolina
    • February 14, 2022
    ...in a "constitutionally protected activity," including First Amendment activities), appeal dismissed and disc. rev. denied, 357 N.C. 66, 579 S.E.2d 576 (2003); see Evans v. Cowan, 132 N.C.App. 1, 11, 510 S.E.2d 170, 177 (1999) (determining "there was no forecast of evidence" to support a ret......
  • Clayton v. Branson, COA04-884.
    • United States
    • United States State Supreme Court of North Carolina
    • June 7, 2005
    ...S.E.2d 76, 92 (2002) (citing Martishius v. Carolco Studios, Inc., 355 N.C. 465, 562 S.E.2d 887 (2002)), disc. review denied, 357 N.C. 66, 579 S.E.2d 576 (2003). In the instant case, the dispositive issue is whether there was sufficient evidence of gross Preliminarily, we reject plaintiff's ......
  • Copper ex rel. Copper v. Denlinger, COA07-205.
    • United States
    • Court of Appeal of North Carolina (US)
    • October 21, 2008
    ...(quoting Toomer v. Garrett, 155 N.C.App. 462, 468, 574 S.E.2d 76, 83 (2002), appeal dismissed and disc. review denied, 357 N.C. 66, 579 S.E.2d 576 (2003)). In reviewing the dismissal of a complaint for failure to state a claim for relief, the appellate court reviews de novo "`whether the co......
  • Request a trial to view additional results

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