{ "id": 11918862, "name": "LINDA R. SHARP, Plaintiff-Appellant v. JACK P. GULLEY, and SMITH DEBNAM HIBBERT & PAHL, Defendant-Appellees", "name_abbreviation": "Sharp v. Gulley", "decision_date": "1995-11-21", "docket_number": "No. COA94-1084", "first_page": "878", "last_page": "880", "citations": [ { "type": "official", "cite": "120 N.C. App. 878" } ], "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": "64 ALR3d 1251", "category": "reporters:specialty", "reporter": "A.L.R. 3d", "opinion_index": -1 }, { "cite": "79 S.E.2d 774", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1954, "pin_cites": [ { "page": "776" } ], "opinion_index": 0 }, { "cite": "239 N.C. 299", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626699 ], "year": 1954, "pin_cites": [ { "page": "300" } ], "opinion_index": 0, "case_paths": [ "/nc/239/0299-01" ] }, { "cite": "1 S.E. 493", "category": "reporters:state_regional", "reporter": "S.E.", "year": 1887, "pin_cites": [ { "page": "495" } ], "opinion_index": 0 }, { "cite": "97 N.C. 16", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8648872 ], "year": 1887, "pin_cites": [ { "page": "19" } ], "opinion_index": 0, "case_paths": [ "/nc/97/0016-01" ] }, { "cite": "167 S.E. 484", "category": "reporters:state_regional", "reporter": "S.E.", "weight": 2, "year": 1933, "pin_cites": [ { "page": "485" } ], "opinion_index": 0 }, { "cite": "204 N.C. 42", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8610873 ], "year": 1933, "pin_cites": [ { "page": "44" } ], "opinion_index": 0, "case_paths": [ "/nc/204/0042-01" ] } ], "analysis": { "cardinality": 316, "char_count": 4681, "ocr_confidence": 0.761, "pagerank": { "raw": 2.2269389344706595e-07, "percentile": 0.7783359184261321 }, "sha256": "b91a6b747a616e01f9a22b58cf3daabf4a6f4e1a08879bf9e1762b7af867a9cf", "simhash": "1:3e095dec197b75b2", "word_count": 768 }, "last_updated": "2023-07-14T16:17:04.771230+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges JOHNSON and EAGLES concur." ], "parties": [ "LINDA R. SHARP, Plaintiff-Appellant v. JACK P. GULLEY, and SMITH DEBNAM HIBBERT & PAHL, Defendant-Appellees" ], "opinions": [ { "text": "WYNN, Judge.\nPlaintiff, Linda R. Sharp, appeals the trial court\u2019s order granting defendants, Jack P. Gulley and Smith Debnam Hibbert & Pahl\u2019s Motion to Dismiss, and dismissing plaintiffs action with prejudice. We affirm.\nThis action arises out of a domestic action involving the equitable distribution of marital property between Ms. Sharp and her ex-husband, and the determination of marital assets and liabilities. Both parties were represented by counsel.\nBy order dated on or about 15 August 1988, the Dare County District Court appointed Mr. Gulley as referee \u201cto hear and determine all of the issues involved in the [Sharps\u2019 equitable distribution] action.\u201d Mr. Gulley was specifically granted the powers stated in N.C. Gen. Stat. \u00a7 1A-1, Rule 53 (1990) governing the responsibilities of court-appointed referees, and was also given guidelines as to matters to be considered and addressed in his formal report. Mr. Gulley subsequently filed and submitted a report to the district court for review in the spring of 1993. Thereafter, the court entered an order adopting in part and modifying in part the report of Mr. Gulley.\nOn 11 January 1994, Ms. Sharp filed a complaint against Mr. Gulley for alleged wrongs committed by him as a court-appointed referee. Additionally, Mr. Gulley\u2019s former law firm, Smith Debnam Hibbert & Pahl, was included as a party to this action. The complaint alleged breach of contract, breach of fiduciary duty, negligent misrepresentation, and malpractice by Mr. Gulley and his former law firm.\nOn 20 April 1994, the trial court dismissed with prejudice the complaint under N.C.G.S. \u00a7 1A-1, Rule 12(b), for lack of subject matter jurisdiction, lack of personal jurisdiction, sovereign and judicial immunity, and failure to state a claim upon which relief can be granted. Plaintiff appealed to this Court.\nMs. Sharp contends that the trial court erred in dismissing the complaint under Rule 12(b) for lack of subject matter jurisdiction, lack of personal jurisdiction, sovereign and judicial immunity, and failure to state a claim upon which relief can be granted. Finding that this action is barred by judicial immunity, we conclude that the trial court properly dismissed plaintiff\u2019s action.\nIn the case before us, Ms. Sharp construes Mr. Gulley\u2019s position as a referee as one of an agent or an attorney. However, North Carolina law provides that a referee is not an agent of the parties, but of the court. See Weaver v. Hampton, 204 N.C. 42, 44, 167 S.E. 484, 485 (1933); see also, N.C.R. Civ. P. 53(e). As such, a referee \u201cbecomes a mere adjunct of, and acts in place of the court, or of the court and jury, in respect to the trial.\u201d Id., quoting McNeill v. Lawton, 97 N.C. 16, 19, 1 S.E. 493, 495 (1887). Therefore, because Ms. Sharp seeks damages from Mr. Gulley for alleged wrongs committed in his official capacity as a court-appointed referee; then, she seeks damages from him as an adjunct of the Dare County District Court.\nIt is well established that \u201c[a] judge of a court of this State is not subject to civil action for errors committed in the discharge of his official duties.\u201d Fuquay Springs v. Rowland, 239 N.C. 299, 300, 79 S.E.2d 774, 776 (1954). In the instant case, this action is no different from one in which a plaintiff claims to have been damaged by a judge of the general court of justice. Since Ms. Sharp\u2019s action against the court-appointed referee is implicitly an action against the trial judge, it is barred by judicial immunity.\nAffirmed.\nJudges JOHNSON and EAGLES concur.", "type": "majority", "author": "WYNN, Judge." } ], "attorneys": [ "Linda R. Sharp, pro se.", "Michael F. Easley, Attorney General, by Alexander McC. Peters, Special Deputy Attorney General, for Jack P. Gulley.", "Smith Debnam Hibbert & Pahl, L.L.P., by Bettie Kelley Sousa, for Smith Debnam Hibbert & Pahl." ], "corrections": "", "head_matter": "LINDA R. SHARP, Plaintiff-Appellant v. JACK P. GULLEY, and SMITH DEBNAM HIBBERT & PAHL, Defendant-Appellees\nNo. COA94-1084\n(Filed 21 November 1995)\nJudges, Justices, and Magistrates \u00a7 3 (NCI4th)\u2014 action against court appointed referee \u2014 'action barred by judicial immunity\nBecause plaintiff sought damages from defendant for alleged wrongs committed in his official capacity as a court appointed referee, she sought damages from him as an adjunct of the Dare County District Court, and since her action against the court appointed referee was implicitly an action against the trial judge, it was barred by judicial immunity.\nAm Jur 2d, Judges \u00a7\u00a7 72 et seq.\nCivil liability of judicial officer for malicious prosecution or abuse of process. 64 ALR3d 1251.\nAppeal by plaintiff from order filed 18 April 1994 by Judge Thomas S. Watts in Dare County Superior Court. Heard in the Court of Appeals 17 October 1995.\nLinda R. Sharp, pro se.\nMichael F. Easley, Attorney General, by Alexander McC. Peters, Special Deputy Attorney General, for Jack P. Gulley.\nSmith Debnam Hibbert & Pahl, L.L.P., by Bettie Kelley Sousa, for Smith Debnam Hibbert & Pahl." }, "file_name": "0878-01", "first_page_order": 912, "last_page_order": 914 }