{
  "id": 8554310,
  "name": "HELEN GILBERT SIFFORD, Individually and as Executrix under the Will of Ernest J. Sifford, ERNEST J. SIFFORD, JR., and wife, NANCY PRICE SIFFORD, and DAISY SIFFORD LITTLEFIELD v. FRIENDLY PARKING SERVICE, INC.",
  "name_abbreviation": "Sifford v. Friendly Parking Service, Inc.",
  "decision_date": "1972-12-20",
  "docket_number": "No. 7226SC640",
  "first_page": "157",
  "last_page": "158",
  "citations": [
    {
      "type": "official",
      "cite": "17 N.C. App. 157"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 158,
    "char_count": 2028,
    "ocr_confidence": 0.603,
    "sha256": "017f0db5a43bf6e5fd4ec430dfed865b334dab2e323e65642d553cb3147f0d03",
    "simhash": "1:6733a2941b4e5da3",
    "word_count": 333
  },
  "last_updated": "2023-07-14T17:26:57.402584+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Hedrick and Graham concur."
    ],
    "parties": [
      "HELEN GILBERT SIFFORD, Individually and as Executrix under the Will of Ernest J. Sifford, ERNEST J. SIFFORD, JR., and wife, NANCY PRICE SIFFORD, and DAISY SIFFORD LITTLEFIELD v. FRIENDLY PARKING SERVICE, INC."
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nAlthough we do not doubt that the respected trial judge was of the opinion that the cause was before him for final disposition, it clearly appears that the case was not yet ripe for adjudication on the merits. The order from which defendant appeals is vacated and the cause is remanded to the Superior Court of Mecklenburg County.\nVacated and remanded.\nJudges Hedrick and Graham concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Hovis & Hunter by John N. Hunter for plaintiff appellees.",
      "Newitt & Newitt by John G. Newitt, Sr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "HELEN GILBERT SIFFORD, Individually and as Executrix under the Will of Ernest J. Sifford, ERNEST J. SIFFORD, JR., and wife, NANCY PRICE SIFFORD, and DAISY SIFFORD LITTLEFIELD v. FRIENDLY PARKING SERVICE, INC.\nNo. 7226SC640\n(Filed 20 December 1972)\nJudgments \u00a7 1; Pleadings \u00a7\u00a7 32, 41\u2014 pending motions to strike and to amend \u2014 judgment entered on merits\nWhere the case had been placed on the motion calendar for disposition of a motion by defendant to strike portions of the complaint and a motion by plaintiff to amend the complaint, the court erred in entering a judgment on the merits.\nAppeal by defendant from Friday, Judge, 27 April 1972 Schedule \u201cB\u201d Session of Superior Court held in Mecklenburg County.\nPlaintiffs instituted this action for declaratory judgment, seeking to determine the rights of the parties under a certain option to lease allegedly accepted by defendant. Defendant filed a motion to strike certain parts of the complaint. Plaintiffs filed a motion to amend their complaint. No orders were entered disposing of the pending motions. On appeal, and as appears in the statement of the case on appeal, appellant argued and appellee conceded: that the case had been placed on the motion calendar for disposition of the pending motions; that the judge advised the parties that he would take the files and advise counsel at a later date; that subsequently counsel received a judgment purporting to dispose of the case on its merits. From the entry of this judgment, defendant appealed.\nHovis & Hunter by John N. Hunter for plaintiff appellees.\nNewitt & Newitt by John G. Newitt, Sr., for defendant appellant."
  },
  "file_name": "0157-01",
  "first_page_order": 181,
  "last_page_order": 182
}