Supreme Court of North Carolina, 1995

Boomer v. Caraway

Supreme Court of North Carolina · Decided November 3, 1995

342 N.C. 186; 463 S.E.2d 230; 1995 N.C. LEXIS 543

Cases that cite this one

1 later published case cites this decision.

Frost v. AmSafe Commercial Products, Inc. (District Court, W.D. North Carolina 2023)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

In affirming summary judgment for the defendant, the Court of Appeals said that it could not find defendant was estopped from asserting the statute of limitation defense “[w]ithout evidence that defendant had an affirmative duty to seek judicial approval of the settlement.” Boomer v. Caraway, 116 N.C. App. 723, 726, 449 S.E.2d 215, 218 (1994). We disavow this language to the extent that it suggests *187that the question of who has the duty to seek judicial approval of a settlement is one involving the presentation of evidence rather than a question of law. In all other respects, we agree with the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is affirmed.

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.