Opinion · Supreme Court of North Carolina

Cannon v. Miller

313 N.C. 324

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1985-02-27
Topic
litigation

holding that this Court has a “responsibility to follow” decisions issued by our Supreme Court | holding that this Court has a “responsibility to follow” decisions issued by our Supreme Court | holding that this Court lacks authority to overrule decisions of our Supreme Court and possesses a "responsibility to follow those decisions, until otherwise ordered by the Supreme Court" | holding that the Court of Appeals lacks the authority to overrule decisions of the Supreme Court of North Carolina and has a “responsibility to follow those decisions, until otherwise ordered by the Supreme Court” | holding that the Court of Appeals lacked the authority to overrule decisions of the Supreme Court of North Carolina and has, instead, a “responsibility to follow those decisions, until otherwise ordered by the Supreme Court” | holding that the Court of Appeals lacked the authority to overrule decisions of the Supreme Court of North Carolina and has, instead, a “responsibility to follow those decisions, until otherwise ordered by the Supreme Court” | holding the Court of Appeals has a "responsibility to follow" decisions of the Supreme Court, "until otherwise ordered" by our Supreme Court | iterating that this Court does not have the authority to overrule decisions of the Supreme Court of North Carolina | holding the Court of Appeals has a “responsibility to follow” decisions of the Supreme Court, “until otherwise ordered” by our Supreme Court | holding that the Court of Appeals, after abolishing two tort causes of actions, "acted under a misapprehension of its authority to overrule decisions of the Supreme Court of North Carolina and its responsibility to follow those decisions, until otherwise ordered by the Supreme Court" | holding that the Court of Appeals, after abolishing two tort causes of actions, “acted under a misapprehension of its authority to overrule decisions of the Supreme Court of North Carolina and its responsibility to follow those decisions, until otherwise ordered by the Supreme Court” | holding the Court of Appeals has no authority to overrule decisions of this Court | holding the Court of Appeals has no authority to overrule decisions of this Court | abolishing criminal conversation and alienation of affection until the North Carolina Supreme Court vacated the court of appeals’ decision on procedural grounds three months later | vacating a decision of this Court which relied on the authority of other jurisdictions to abolish a cause of action recognized by the North Carolina Supreme Court | noting the Court of Appeals’ “responsibility to follow th[e] decisions [of the Supreme Court of North Carolina], until otherwise ordered by the Supreme Court” | stating this Court lacks authority to overrule decisions of our Supreme Court | stating this Court lacks authority to overrule decisions of our Supreme Court | the causes of action for alienation of affections and criminal conversation are still in existence | the causes of action for alienation of affections and criminal conversation are still in existence | the causes of action for alienation of affections and criminal conversation are still in existence | The Court of Appeals has a “responsibility to follow” decisions of the North Carolina Supreme Court, until otherwise ordered by the Supreme Court. | “[i]t is the province of our legislature to change the accepted common law in this state” | N.C. Court of Appeals has responsibility to follow decisions of North Carolina Supreme Court “until otherwise ordered” by that Court | N.C. Court of Appeals has responsibility to follow decisions of North Carolina Supreme Court "until otherwise ordered" by that Court | the causes of action for criminal conversation and alienation of affections are recognized and valid in North Carolina | the causes of action for criminal conversation and alienation of affections are recognized and valid in North Carolina | the Court of Appeals lacks authority to overrule decisions of the Supreme Cou

Citator

Cited by
36 opinions

ORDER

)

IT appearing that the panel of Judges of the Court of Appeals to which this case was assigned has acted under a misapprehension of its authority to overrule decisions of the Supreme Court of North Carolina and its responsibility to follow those decisions, until otherwise ordered by the Supreme Court.

It is therefore ordered that the petition for discretionary review is allowed for the sole purpose of vacating the decision of the Court of Appeals purporting to abolish the causes of action for Alienation of Affections and Criminal Conversation.

The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for entry of an order reversing the order of the trial court granting summary judgment in favor of defendant and remanding the case to the Superior Court of PlTT County for trial.

This the 27th day of February, 1985.

Vaughn, J.

For the Court