Appellate Court Opinions
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32,354 Appellate Court Opinions
Grandfather Ctr. Shoppes, LLC vs. Beech Creek Rest., LLC d/b/a Elevations Tavern and Grill,
Interlocutory appeal; substantial right; demonstration of prejudice
In re M.A.C., N.G.C., C.A.B.C.
Rule 3.1; neglected juveniles; appellate jurisdiction; elimination of reunification from permanent plan; findings of fact
In Re: A.M.L.
NCGS 7B-906.2; 3.1
In re: D.S.
neglect, dependency, adjudication, juvenile, Rule 3.1
Jamie S. Hosch v. Keira Hosch-Carroll and Jacoby Kennedy
subject matter jurisdiction under the UCCJEA; trial court erred in concluding that it had home state jurisdiction under the UCCJEA because child's absence from Texas was temporary
Kelly v. State of N.C.
Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.
Ladd v. Funderburk
Governmental immunity; Qualified immunity; Governmental in nature vs. Proprietary in nature; N.C. Gen. Stat § 160A-296; Affirmative duty; Roadway obstructions; Tree ordinance; Waiver of governmental immunity; Liability insurance; Insurance policy effect on the defense of governmental immunity; N.C. Gen. Stat. § 153A-435; Summary judgment.
Maher Mohd Ali El-Hatto v. Hasan Mohammad Ali El-Hatto
Property distribution agreement; Applicability of foreign law; Constructive trust; Implied constructive trust; Express trust; General warranty deed; Land contract; Chain of title; Ownership of property.
Mangum v. WRAL-5 News
Dismissal; pro se appellant; substantial failure to comply with the North Carolina Rules of Appellate Procedure; default under non-jurisdictional Rules 3, 9, 26, and 28.
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Carpenter
Legionnaire's Disease; Insurance Policy's Fungi or Bacteria Exclusion; Insurance Policy's Consumption Exception; Summary judgment; Interlocutory appeal; Construction and interpretation of an insurance contract is a question of law; Insurer's duty to defend; Duty to indemnify.
Neeley v. Fields
Legal malpractice; easements of record; construction of deeds
Piedmont Natural Gas Co., Inc. v. Mallard Creek Assoc.s #1, LLC.
trial court did not err in awarding condemnation proceeds to lessee
Robert Christopher Walker v. Daniel Joseph Foley, Jr.
Intestate Succession, Ambiguous Will, Real Property
State of N. Carolina v. Amber Shaquille Duncan
Possession of marijuana; hemp; sufficiency versus admissibility; remedies on appeal
State v. Aaron Harrison
Assault inflicting serious bodily injury; sufficiency of evidence of serious bodily injury
State v. Booth
no plain error where an officer testified to the contents of a search warrant and the search warrant/affidavit were entered into evidence; motion to dismiss properly denied where there was sufficient evidence that the green leafy substance seized was marijuana
State v. Eagle
officer approaching the defendant in police cruiser with blue lights flashing while blocking the only way for the defendant to leave was not a situation in which a reasonable person would feel free to leave and constituted a seizure under the Fourth Amendment
State v. Griffin
Satellite-Based Monitoring; Term of Years; Mental, Physical, or Sexual Abuse of a Minor; Fourth Amendment Reasonableness
State v. Guice
First Amendment, true threats, communicating threats, subjective component.
State v. Hunter
motion to suppress properly denied where officer shined flashlight into vehicle and seized a plastic baggie of contraband in plain view; officer's subjective motive for a stop has no bearing in Fourth Amendment analysis