Cannon v. Miller

Haywood A. Cannon v. Jeffrey L. Miller

Cannon v. Miller, 327 S.E.2d 888 (N.C. 1985)

Court: Supreme Court of North Carolina · State Highest Courts
Decided: February 27, 1985
Docket: No. 21P85
Judges: Vaughn
Citations: 327 S.E.2d 888313 N.C. 3241985 N.C. LEXIS 1570

Cited by 75 30 descriptions by later courts

Opinion — Vaughn

ORDER )

IT appearing that the panel of Judges of the Court of Appeals to which this case was assigned has acted under a misapprehension of its authority to overrule decisions of the Supreme Court of North Carolina and its responsibility to follow those decisions, until otherwise ordered by the Supreme Court.

It is therefore ordered that the petition for discretionary review is allowed for the sole purpose of vacating the decision of the Court of Appeals purporting to abolish the causes of action for Alienation of Affections and Criminal Conversation.

The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for entry of an order reversing the order of the trial court granting summary judgment in favor of defendant and remanding the case to the Superior Court of PlTT County for trial.

This the 27th day of February, 1985.

Vaughn, J.

For the Court

How later courts describe this case

Explanatory parentheticals written by citing courts — 30 in all; the most informative distinct ones are shown.

(holding that this Court has a “responsibility to follow” decisions issued by our Supreme Court)

State v. Dunston, No. 14-401 (N.C. Ct. App. Aug. 5, 2014)
(abolishing criminal conversation and alienation of affection until the North Carolina Supreme Court vacated the court of appeals’ decision on procedural grounds three months later)

Long v. Ostroff, 854 A.2d 524 (Pa. Super. Ct. 2004)
(the causes of action for alienation of affections and criminal conversation are still in existence)

Cooper v. Shealy, 537 S.E.2d 854 (N.C. Ct. App. 2000)
(“[i]t is the province of our legislature to change the accepted common law in this state”)

Johnson v. Pearce, 557 S.E.2d 189 (N.C. Ct. App. 2001)
(our Supreme Court can abolish common law torts)

Pharr v. Beck, 554 S.E.2d 851 (N.C. Ct. App. 2001)

Cited by 75 cases

View all citing references →

Relies on it most ⓘ

Puryear v. PuryearNo. 13-1014 (N.C. Ct. App. May 6, 2014)
State v. Corbett661 S.E.2d 759 (N.C. Ct. App. 2008)
Maraman v. Cooper Steel Fabricators555 S.E.2d 309 (N.C. Ct. App. 2001)
McCutchen v. McCutchen612 S.E.2d 162 (N.C. Ct. App. 2005)
Hogan v. Forsyth Country Club Co.340 S.E.2d 116 (N.C. Ct. App. 1986)
Dunn v. Pate431 S.E.2d 178 (N.C. 1993)

Most recent

Smith v. The BDK Grp. Shallotte, LLCNo. 25-738 (N.C. Ct. App. May 6, 2026)
In re WestNo. 25-409 (N.C. Ct. App. Apr. 15, 2026)
Stein v. HallNo. 25-745 (N.C. Ct. App. Jan. 7, 2026)
Edwards v. Town of LouisburgNo. 22-688 (N.C. Ct. App. Aug. 15, 2023)
State v. TrippNo. 21-688 (N.C. Ct. App. Dec. 6, 2022)
State v. PerkinsNo. 20-572 (N.C. Ct. App. Dec. 6, 2022)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Cannon v. Miller, 322 S.E.2d 780 (N.C. Ct. App. 1984)	12

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