Appellate Court Opinions
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2,650 Appellate Court Opinions
In re A.P.
Appeal from adjudication and disposition order entered in a proceeding under the Juvenile Code; whether the trial court lacked subject matter jurisdiction over the case because the DSS agency that filed the juvenile petition initiating the action lacked standing in the matter.
In re Adoption of C.H.M.
Biological father; consent for adoption; financial support required under N.C.G.S. 48-3-601.
In re Henderson
Review of recommendation for public reprimand.
In re Johnson
Appeal from final judgment of N.C. Business Court denying CPA's petition for judicial review of N.C. Board of CPA Examiners' final agency decision imposing disciplinary action on petitioner and her CPA firm.
Quality Built Homes Inc. v. Town of Carthage
Whether developers' claims against a municipality for a refund of illegally assessed water and sewer impact fees are barred by the statute of limitations or the doctrine of estoppel by acceptance of benefits.
State ex rel. Utils. Comm'n v. NC WARN
Appeal from Utilities Commission order declaring that NC WARN acts as a 'public utility' when it sells to a single nonprofit customer electricity produced for that customer from solar panels placed at no cost on the customer's property.
State v. Dunston
Whether the State presented sufficient evidence to survive defendant's motion to dismiss a charge of maintaining a vehicle for the purpose of keeping or selling a controlled substance.
State v. James
Following defendant's conviction for committing first-degree murder when he was a juvenile, defendant was mandatorily sentenced to life imprisonment without parole; after U.S. Supreme Court held in Miller v. Alabama that sentences such as defendant's are unconstitutional, the trial court held a resentencing hearing and imposed another sentence of life without parole; whether the resentencing statutes enacted in response to Miller (N.C.G.S. 15A-1340.19A to -1340.19D) are unconstitutional.
State v. Reed
Whether the State presented sufficient evidence of misdemeanor child abuse and contributing to the neglect of a juvenile to survive defendant's motion to dismiss; whether the trial court committed plain error in failing to intervene ex mero motu during the State's closing arguments because of the State's alleged misuse of properly admitted Rule 404(b) evidence.
State v. Varner
Whether the trial court erred in refusing defendant's request to give a jury instruction defining 'moderate punishment' at his trial for physically abusing his minor son.
State v. Yisrael
Appeal from defendant's conviction for possession of marijuana with intent to sell or deliver; whether the trial court erred in denying defendant's motion to dismiss for insufficient evidence.
Swan Beach Corolla, L.L.C. v. County of Currituck
Declaratory judgment action by landowners to establish their vested rights to develop their property as originally shown in a plat approved by defendants and filed with the Register of Deeds; whether the trial court erred by denying defendants' motion to set aside entry of default and by entering default judgment for plaintiffs.
Supreme Court Opinions Filed April 6, 2018
City of Asheville v. Frost
Whether the Asheville Civil Service Law governing appeals of decisions of the Asheville Civil Service Board to superior court gives a respondent the right to a jury trial.
In re Foreclosure of Ackah
Relief from foreclosure sale under N.C.G.S. 1A-1, Rule 60(b) based on petitioner's failure to satisfy Rule 4's 'due diligence' notice requirement; whether N.C.G.S. 1-108 prohibits the court from ordering relief in the form of restoring title to the real property to the previous owner.
In re W.H.S.
Review of recommendation for public reprimand.
Jackson v. Century Mut. Ins. Co.
Action by homeowners against their homeowners' insurance company for unfair and deceptive trade practices, breach of contract, and bad faith; whether the trial court erred in granting summary judgment for defendant insurer.
Krawiec v. Manly
Interlocutory appeal from N.C. Business Court order granting defendants' motions to dismiss certain claims under Civil Procedure Rule 12(b)(6).
Sanchez v. Cobblestone Homeowners Ass'n of Clayton, Inc.
Whether plaintiff homeowners who were later found not to be members of a homeowners association can recoup all previous dues that were erroneously collected by the association; whether an implied-in-fact contract existed between plaintiffs and the association; whether plaintiffs are estopped from denying the obligation to pay dues to the association.
State v. Brawley
Whether an indictment charging defendant with larceny of personal property from a named department store was fatally defective because it did not allege the type of entity from which the property was stolen.