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Bennett v. EQUITY RESIDENTIAL

Citations: 700 S.E.2d 745; 364 N.C. 324Docket: 228P10

Court: Supreme Court of North Carolina; August 26, 2010; North Carolina; State Supreme Court

Narrative Opinion Summary

Terry Carmon Bennett, as administrator of the estate of Stephanie Renee Bennett, sought discretionary review from the North Carolina Supreme Court regarding a decision made by the North Carolina Court of Appeals. The petition was filed on May 28, 2010. The Supreme Court ultimately denied the petition for review during a conference on August 26, 2010. The court's order certifies this denial to the North Carolina Court of Appeals. Legal representation included Charles A. Bentley, Jr. and Michael D. Calhoun for the Plaintiff, while Dan M. Hartzog represented Equity Residential Properties Management Corp.

Legal Issues Addressed

Certification of Denial to Lower Courts

Application: The denial of the petition for discretionary review was formally certified to the North Carolina Court of Appeals, indicating the procedural step following the Supreme Court's decision.

Reasoning: The court's order certifies this denial to the North Carolina Court of Appeals.

Discretionary Review by the Supreme Court

Application: The legal principle of discretionary review refers to the Supreme Court's ability to choose whether or not to hear a case. In this instance, the North Carolina Supreme Court exercised its discretion to deny the petition for review.

Reasoning: The Supreme Court ultimately denied the petition for review during a conference on August 26, 2010.