Appellate Court Opinions
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2,687 Appellate Court Opinions
In re Ocean Isle Palms LLC
Whether Property Tax Commission erred in granting summary judgment for taxpayer and concluding that no grounds existed under N.C.G.S. ? 105-287(a) for county to revalue taxpayer's real property during a year in which a general reappraisal was not made
Jones v. Whimper
Uniform Child-Custody Jurisdiction and Enforcement Act; application of N.C.G.S. ?? 50A-110 and 50A-206, governing communications between trial courts when simultaneous child custody proceedings are pending in North Carolina and another State
Micro Capital Investors, Inc. v. Broyhill Furn. Indus., Inc.
Whether a contractual provision requiring defendant to pay one-fourth of the cost of providing heat to premises shared with plaintiff is so vague as to be unenforceable; whether the trial court erred in granting summary judgment for defendant
State v. Carver
First-degree murder (noncapital); whether defendant's motion to dismiss should have been allowed because the State's evidence was insufficient to establish that defendant was the perpetrator of the crime
Topp v. Big Rock Found., Inc.
Change of venue; Denial of plaintiff's motion to recuse trial judge who granted summary judgment in defendants' favor; Judicial review of a private organization's decision to disqualify a participant for violating its tournament rules
White v. Trew
Defamation action arising from a negative performance review of an NCSU faculty member; whether trial court erred in denying defendant's motion to dismiss based on Rule 12(b) grounds, including sovereign immunity
Supreme Court Opinions Filed December 14, 2012
Barbarino v. Cappuccine, Inc.
Whether defendant alleged sufficient facts to defeat a Rule 12(b)(6) motion to dismiss counterclaims against a former employee for breach of contract and conversion based on violation of an Employee Confidentiality Agreement
Blue Ridge Sav. Bank, Inc. v. Mitchell
Deficiency suit following foreclosure sale; whether lender presented sufficient evidence of property's true value to defeat creditors' defense under N.C.G.S. ? 45-21.36 that lender paid substantially less than true value; whether trial court properly allowed summary judgment for plaintiff lender
Hest Technologies, Inc. v. State of N.C. ex rel. Perdue
Constitutionality of N.C.G.S. ? 14-306.4, prohibiting operation of any electronic machine that conducts or promotes a sweepstakes through use of an entertaining display
High Rock Lake Partners, LLC v. N.C. Dep't of Transp.
Whether conditions DOT attached to a driveway permit required for petitioners' residential development exceed DOT's statutory authority
Klingstubbins Se., Inc. v. 301 Hillsborough St. Partners, LLC
Action to collect on a debt; whether two letters from a principal member of defendant limited liability company were words of guaranty supported by adequate consideration; whether the trial court erred in granting the principal's Rule 12(b)(6) motion to dismiss him from the action.
L&S Water Power, Inc. v. Piedmont Triad Reg'l Water Auth.
Inverse condemnation proceeding; whether public water authority must pay just compensation for diminished water flow to companies that use the water to produce electricity for resale
Sandhill Amusements, Inc. v. State of N.C. ex rel. Perdue
Constitutionality of N.C.G.S. ? 14-306.4, prohibiting operation of any electronic machine that conducts or promotes a sweepstakes through use of an entertaining display
State v. Burrow
Whether the trial court violated defendant's rights under the Confrontation Clause or committed plain error when it admitted an SBI report identifying a controlled substance without accompanying expert testimony
State v. Heien
Alleged traffic violation; motion to suppress; whether police officer had reasonable suspicion to stop defendant's vehicle
State v. Lee
Whether it was reversible error for the trial court to require defendant to wear shackles during his jury trial
State v. Lindsey
Whether defendant's motion to dismiss charges of speeding to elude arrest and narcotics possession should have been dismissed because the State's evidence was insufficient to take those charges to a jury
State v. Rico
Whether a defendant who was erroneously sentenced to an aggravated range term under a plea arrangement should simply be resentenced or whether the entire plea agreement must be set aside
Trivette v. Yount
Whether plaintiff's remedy for a workplace injury is limited to filing a claim under the N.C. Workers' Compensation Act; whether defendant is plaintiff's employer or co-employee for purposes of Pleasant v. Johnson