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St. Clair v. Rakestraw

Supreme Court of North Carolina
Feb 1, 1985
326 S.E.2d 19 (N.C. 1985)

Opinion

No. 218A84

Filed 27 February 1985

APPEAL of right from the decision of a divided panel of the Court of Appeals, 67 N.C. App. 602, 313 S.E.2d 228 (1984), reversing the judgment entered by Judge Claude S. Sitton on 27 April 1982 in Superior Court, MECKLENBURG County. Heard 13 December 1984.

Joseph Warren III and India Early Keith for plaintiff appellants.

Badger, Johnson, Chapman and Michael P.A., by David R. Badger, for defendant appellee.


The decision of the Court of Appeals is contained in an opinion by Judge Phillips with Judge Eagles concurring in the result and Judge Arnold dissenting. The Court of Appeals held that "As to the defendant appellant's appeal, the judgment is reversed and the cause remanded for a new trial. As to the issues raised by the plaintiff appellees, the trial court's rulings are affirmed."

For the reasons set forth in both the opinion by Judge Phillips and the dissent of Judge Arnold, we affirm that part of the decision of the Court of Appeals which affirmed the trial court's rulings as to the issues the plaintiffs sought to raise on appeal. For the reasons set forth and fully discussed in Judge Arnold's dissent, we reverse that part of the decision of the Court of Appeals which reversed the judgment of the trial court and remanded this case for a new trial. This case is remanded to the Court of Appeals with instructions to reinstate the judgment entered by the trial court on 27 April 1982.

Affirmed in part, reversed in part and remanded.

Justice VAUGHN took no part in the consideration or decision of this case.


Summaries of

St. Clair v. Rakestraw

Supreme Court of North Carolina
Feb 1, 1985
326 S.E.2d 19 (N.C. 1985)
Case details for

St. Clair v. Rakestraw

Case Details

Full title:GABRIEL WILLIAM ST. CLAIR AND SANDRA PRICE v. MAVIS ST. CLAIR RAKESTRAW…

Court:Supreme Court of North Carolina

Date published: Feb 1, 1985

Citations

326 S.E.2d 19 (N.C. 1985)
326 S.E.2d 19