Peoples v. Tuck, 802 S.E.2d 730 (2017)

Aug. 17, 2017 · Supreme Court of North Carolina · No. 423P16

802 S.E.2d 730

Cecelia W. PEOPLES and Ernest A. Robinson, Jr.
v.
Thomas H. TUCK

No. 423P16

Supreme Court of North Carolina.

August 17, 2017

Donald J. Dunn, Attorney at Law, Goldsboro, Molly M. Schertzinger, Attorney at Law, Jacksonville, Jonathan M. Smith, Attorney at Law, Goldsboro, for Peoples, Cecelia W., et al.

David O. Lewis, Attorney at Law, Durham, for Tuck, Thomas H.

ORDER

Defendant's petition for discretionary review is allowed for the limited purpose of remanding to the Court of Appeals to reconsider its holding in light of United Community Bank (G.A.) v. Wolfe , --- N.C. ----, 799 S.E.2d 269 (2017). See United Cmty. Bank , --- N.C. at ----, 799 S.E.2d at 272 (recognizing that, under N.C.G.S. 1A-1, Rule 56(e), a party may not rest upon an affidavit containing merely "conclusory statement[s] without any supporting facts" to create a genuine issue of material fact).:

"Spec Order by order of the Court in conference, this the 17th of August 2017."