· 2/18/1994
Etheredge v. Genie Industries, Inc.
Citations
- 632 So. 2d 1324
- 1994 Ala. LEXIS 72
- 1994 WL 46883
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that trial court's order entered while appeal was pending \was a nullity and would not support a notice of appeal\
- holding that trial court's order entered while appeal was pending \was a nullity and would not support a notice of appeal\
- concluding that North Carolina’s statute of repose is a procedural statute of limitation because it is not so “inextricably bound up in [a] statute creating the right that it is deemed a portion of the substantive right itself.”
- finding that a North Carolina statute imposing a limitations period was a statute of limitations, not a statute of creation, because “it is not inextricably bound up in a statute creating the right or cause of action”
- “it is up to this Court to determine, for the purpose of this action, whether §1-50(6) is a substantive part or procedural part of North Carolina law”
- North Carolina's six year statute of limitations which was located in a separate part of North Carolina's civil code was procedural, not substantive, and therefore Alabama's two year statute of limitations applied
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.