Appellate Court Opinions

Slip opinions (court's decision in a case) filed and written by the justices of the Supreme Court or judges of the Court of Appeals

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2,631 Appellate Court Opinions

, Supreme Court , 259A19 (Justice Michael Morgan) , Published
In re C.J.C.

Appointment of a guardian ad litem pursuant to N.C.G.S. 7B-1108; whether the trial court abused its discretion in determining the best interests of the child.

, Supreme Court , 231A19 (Justice Paul Newby) , Published
In re K.N.K.

Termination of parental rights; whether the trial court erred by concluding respondent willfully abandoned his child where respondent attended visitations with the child after the petition was filed; whether the trial court abused its discretion in determining the child's best interest.

, Supreme Court , 227A19 (Justice Michael Morgan) , Published
In re N.P.

Appeal from an order terminating respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1); neglect.

, Supreme Court , 150A19 (Justice Sam Ervin IV) , Published
In re S.D.

Appeal from an order terminating parental rights pursuant to N.C.G.S. 7B-1111(a)(1) and (2); whether the trial court's adjudicatory findings of fact were supported by clear, cogent and convincing evidence; and whether those findings were sufficient to support the trial court's conclusion of law that grounds existed to terminate respondent's parental rights on the basis of neglect based upon a prior adjudication of neglect and a likelihood of repetition of neglect.

, Supreme Court , 212A19 (Justice Paul Newby) , Published
In re Z.A.M.

Appeal from an order terminating parental rights under N.C.G.S. 7B-1111(a)(1) and (2); whether the trial court issued sufficient findings of fact regarding progress leading up to the termination hearing to support its ultimate findings of fact and conclusions of law that grounds existed to terminate parental rights; whether the trial court abused its discretion in terminating parental rights.

, Supreme Court , 339A18 (Justice Sam Ervin IV) , Published
New Hanover Cty. Bd. of Educ. v. Stein

Whether payments made pursuant to an agreement between the Attorney General's Office and major hog producers constitute 'penalties' subject to article IX, section 7 of the North Carolina Constitution.

, Supreme Court , 434PA18 (Justice Sam Ervin IV) , Published
PHG Asheville, LLC v. City of Asheville

Conditional Use Permits; Whether the City of Asheville properly denied a developer's application for a conditional use permit to build a hotel in downtown Asheville; Whether a local government may independently assess an application for a conditional use permit and make findings of fact that support denying that permit when no one offers evidence in opposition to that permit or, alternatively, whether a developer is automatically entitled to the issuance of a conditional use permit when no one presents evidence in opposition to the permit.

, Supreme Court , 124PA19 (Justice Anita Earls) , Published
Preston v. Movahed

Medical malpractice 9(j) certification; medical expert willing to testify; facially valid 9(j) certificate

, Supreme Court , 75PA19 (Justice Mark Davis) , Published
State v. Conley

Appeal from a decision of the Court of Appeals holding that defendant could only be convicted of a single count of possession of a firearm on educational property, despite his simultaneous possession of five firearms.

, Supreme Court , 195A19 (Justice Robin Hudson) , Published
State v. Copley

Whether the trial court abused its discretion when it overruled defendant's objections during the prosecutor's closing argument.

, Supreme Court , 79PA18 (Justice Robin Hudson) , Published
State v. Golder

Whether (1) defendant's challenges to the sufficiency of the State's evidence were preserved; (2) the State presented sufficient evidence that defendant aided and abetted; and (3) the State presented sufficient evidence that defendant obtained a 'thing of value' as defined under N.C.G.S. 14-100.

, Supreme Court , 398PA18 (Justice Robin Hudson) , Published
Town of Pinebluff v. Moore Cty.

Whether there is an irreconcilable conflict between N.C.G.S. 160A-360(e) and N.C.G.S. 160A-360(f), as amended by Session Law 1999-35, that invalidates the applicability of subsection (e).

, Supreme Court , 42A19 (Justice Cheri Beasley) , Published
Accardi v. Hartford Underwriters Ins. Co.

Appeal from an order and opinion of the Business Court concluding that insurers can depreciate labor costs when calculating actual cash value.

, Supreme Court , 360A18 (Justice Mark Davis) , Published
Beem USA Ltd.-Liab. Ltd. P'ship v. Grax Consulting LLC

Appeal from Business Court orders denying plaintiffs' motion for entry of default judgment; whether defendant's contacts with North Carolina were sufficient to support a determination that personal jurisdiction existed.

, Supreme Court , 290A19 (Per Curiam) , Published
Boles v. Town of Oak Island

Whether the General Assembly authorized Oak Island to impose sewer district fees on owners of undeveloped parcels of property.

, Supreme Court , 168A19 (Per Curiam) , Published
Cardiorentis AG v. Iqvia Ltd.

Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on defendants' motion to stay all proceedings on forum non conveniens grounds; whether the Business Court erred by granting a stay in favor of defendants where plaintiff's claims under North Carolina and English law challenge the North Carolina-based conduct of the North Carolina-based officials most responsible for the failure of a global clinical drug; and whether the Business Court erred by staying the case without affording plaintiff limited jurisdictional discovery to clarify the contested ties between the claims asserted and the potential forums.

, Supreme Court , 183PA16-2 (Per Curiam) , Published
City of Charlotte v. Univ. Fin. Props., LLC

Whether the Court of Appeals erred by concluding that the trial court did not have the authority to consider plaintiff's motions to amend its complaint to reduce its just compensation deposit after defendant attempted to voluntarily dismiss its claim for additional compensation.

, Supreme Court , 219A19 (Per Curiam) , Published
Cogdill v. Sylva Supply Co., Inc.

Whether plaintiffs retained a right of first refusal contained in an original lease during a holdover year-to-year tenancy created by operation of law; whether the Court of Appeals erred by affirming the order granting summary judgment in favor of defendants.