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· 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 CourtListener

Sourced 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.