{
  "id": 8524796,
  "name": "GILBERT THOMAS ROACH, Plaintiff v. JOSEPH CHARLES SMITH and THELMA AVERY SMITH, Defendants",
  "name_abbreviation": "Roach v. Smith",
  "decision_date": "1991-04-02",
  "docket_number": "No. 903SC710",
  "first_page": "482",
  "last_page": "483",
  "citations": [
    {
      "type": "official",
      "cite": "102 N.C. App. 482"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "362 S.E.2d 870",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1987,
      "opinion_index": 0
    },
    {
      "cite": "88 N.C. App. 257",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8358076
      ],
      "year": 1987,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/88/0257-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 193,
    "char_count": 2399,
    "ocr_confidence": 0.77,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20554171304967972
    },
    "sha256": "bc9e81f52cff6d482419e2ce5ea7505f68ed221847def40c969b93c20641ff15",
    "simhash": "1:f135696739679e65",
    "word_count": 395
  },
  "last_updated": "2023-07-14T21:20:04.252791+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges COZORT and LEWIS concur."
    ],
    "parties": [
      "GILBERT THOMAS ROACH, Plaintiff v. JOSEPH CHARLES SMITH and THELMA AVERY SMITH, Defendants"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Chief Judge.\nWe are unaware of any rule that authorizes any judge, pursuant to a motion made in the cause, to order the payment of prejudgment interest or postjudgment interest on a judgment entered more than four years before the motion in the cause is made.\nWe hold Judge Llewellyn had no authority to entertain or allow the motions in this case, and said motions should have been dismissed. Home Health and Hospice Care, Inc. v. Meyer, 88 N.C. App. 257, 362 S.E.2d 870 (1987). However, we treat the order denying the motions as one dismissing them, and affirm it.\nAffirmed.\nJudges COZORT and LEWIS concur.",
        "type": "majority",
        "author": "HEDRICK, Chief Judge."
      }
    ],
    "attorneys": [
      "Beaman, Kellum, Hollows & Jones, P.A., by J. Allen Murphy, for plaintiff, appellant.",
      "Ward and Smith, P.A., by Susan K. Ellis, and Kenneth R. Wooten, for defendant, appellees."
    ],
    "corrections": "",
    "head_matter": "GILBERT THOMAS ROACH, Plaintiff v. JOSEPH CHARLES SMITH and THELMA AVERY SMITH, Defendants\nNo. 903SC710\n(Filed 2 April 1991)\nInterest \u00a7 2 (NCI3d)\u2014 judgment entered more than four years before motion made \u2014no prejudgment or postjudgment interest allowed\nNo judge is authorized, pursuant to a motion made in the cause, to order the payment of prejudgment interest or postjudgment interest on a judgment entered more than four years before the motion in the cause is made.\nAm Jur 2d, Interest and Usury \u00a7\u00a7 59, 60.\nAppeal by plaintiff from Llewellyn (James DJ, Judge. Order entered 23 April 1990 in Superior Court, CRAVEN County. Heard in the Court of Appeals 11 March 1991.\nThis is a civil action wherein plaintiff seeks to recover damages for injuries resulting from the negligence of defendants.\nThe uncontroverted facts disclose the following: On 10 January 1985, Judge Bradford Tillery entered a judgment that \u201cplaintiff have and recover of the defendant the sum of $125,500 with interest thereon as provided by G.S. 24-5 from the 12th day of November, 1982.\u201d On 25 May 1989, the plaintiff made a motion for prejudgment interest pursuant to G.S. 24-5 in the amount of $6,449.75 calculated at the rate of 8% interest from 12 November 1982 through 10 January 1985 on the amount of $25,000 (the amount of liability insurance coverage). Subsequently, on 28 February 1990, plaintiff made a motion for postjudgment interest on the prejudgment interest amount until such time as the judgment is satisfied.\nOn 23 April 1990, Judge James Llewellyn entered an order denying plaintiff\u2019s motions. Plaintiff appealed.\nBeaman, Kellum, Hollows & Jones, P.A., by J. Allen Murphy, for plaintiff, appellant.\nWard and Smith, P.A., by Susan K. Ellis, and Kenneth R. Wooten, for defendant, appellees."
  },
  "file_name": "0482-01",
  "first_page_order": 512,
  "last_page_order": 513
}